FORMS-Working Draft As of 03 Sept 2020

H.
ANNEXES
ANNEX A-1: Show Cause Memorandum

ANNEX A-2: Memorandum to Person Complained of to Submit Counter-Affidavit/Comment
(for ALL Offenses)
ANNEX A-3: Memorandum to Person Complained of to Submit Counter-Affidavit/Comment
(for Offenses Subject to Settlement)
ANNEX A-4: Indorsement to Regional Office (RO)
ANNEX A-5: Letter to Complainant to Comply with the Requisites of a Valid Complaint
ANNEX B-1: Order Creating an Investigating Committee or Designating an Investigator
ANNEX B-2: Letter Informing the Parties on the Extension of the Period to Conduct PI
ANNEX B-3: Order Informing the Parties for the Conduct of Clarificatory Hearings for PI
ANNEX B-4: Subpoena Duces Tecum
ANNEX B-5: Subpoena Ad Testificandum
ANNEX B-6: Order on Motion for Extension During PI
ANNEX B-7: Preliminary Investigation (PI) Report
ANNEX C-1: Indorsement Transmitting Resolution to Executive Director (ED)
ANNEX C-2 Resolution
ANNEX C-3: Memorandum Confirming RO Resolution
ANNEX C-4: Memorandum to the Secretary Recommending the Issuance of a Formal/Notice
of Charge
ANNEX D : Formal Charge/Notice of Charge
ANNEX E-1: Preventive Suspension Order (LTs and their assistants)
ANNEX E-2: Preventive Suspension Order (BLGF-Personnel)
ANNEX E-3: Order of Reassignment in Lieu of PS (LTs and their assistants)
ANNEX E-4: Order of Reassignment in Lieu of PS (BLGF-Personnel)
ANNEX E-5: Order Directing the Conduct of the Formal Investigation and Designation of a
Hearing Officer, Prosecutor and Secretary
ANNEX F-1: Notice of Hearing of Pre-Hearing Conference
ANNEX F-2: Pre-hearing Order
ANNEX F-3: Order on Motion for Extension During FI
ANNEX F-4: Letter Informing the Parties on the Extension of the Period to Conduct FI
ANNEX F-5: Order Informing the Parties for the Conduct of Clarificatory Hearings for FI
ANNEX F-6: Formal Investigation Report (FIR)
ANNEX F-7: Memorandum Submitting FIR to SOF
ANNEX F-8: Memorandum Submitting FIR to ED
ANNEX F-9: Letter Informing the Parties on the Extension of the Period for Rendition of
Decision
ANNEX G-1: Decision
ANNEX G-2: Indorsement for the Implementation of the Decision Including Payment of
Backwages, if any
ANNEX G-3: Notice of Resolution/Decision with Proof of Service
ANNEX G-4: Compliance Report with Certifications for Submission to OMB
ANNEX H-1: Order to Appear for Settlement
ANNEX H-2: Compromise Agreement with Attestation
ANNEX H-3: Resolution/Decision Based on Compromise Agreement
ANNEX H-4: Order Terminating the Settlement Process
ANNEX I-1: Resolution on Dropping from the Rolls
ANNEX I-2: Memorandum to Regional Office on the Dropping from the Rolls
ANNEX I-3: Letter Informing the Personnel of the Dropping from the Rolls
ANNEX I-4: Letter to CSC on the Dropping from the Rolls
ANNEX I-5: Resolution on Protests
ANNEX J: Motion for Extension of Time
ANNEX K: Letter Seeking Assistance of OSG
ANNEX L: Comment to CSC
Annex A-1
Show Cause Memorandum (initiated by the ED or RD)
MEMORANDUM
TO : (Name of Person Complained of)

(Position/Designation, LGU)
CC : (Name of RD/LCE)
(Region/Address)
FROM : (Name of ED)

Executive Director
SUBJECT : Show Cause Memorandum for (allegations/offense committed)
DATE :
Records of this Office shows that (brief statement of the facts including the existing law,
rules and regulations or policies violated).
In this connection, you are hereby directed to submit your explanation under oath within
five (5) days from receipt hereof why you should not be charged with the aforementioned
offense. Your failure to do so shall be construed by this Office as a waiver thereof. Thus, this
Office will be constrained to decide based on available records.
For strict compliance.

ANNEX A-2
Memorandum to Person Complained of
to Submit Counter-Affidavit/Comment (applicable for ALL offenses)
MEMORANDUM

FROM : (Name of Executive Director/Name of Regional Director)

Executive Director/Regional Director
SUBJECT : Letter-Complaint dated _______of (Name of Complainant) for (Offense)
DATE : ________________
This refers to the letter-complaint dated _________filed against you by (Name of Complainant),
(personal circumstance, if any of the Complainant), for (offense/allegation), alleging, among
others, to wit:
“xxx (quote verbatim the allegation in the complaint/letter)

xxx.”
In this connection, you are hereby directed to submit your explanation under oath together with
authenticated affidavits of your witness/es and other documentary evidence, if any within five (5)
days from receipt hereof why you should not be administratively charged. Your failure to do so
shall be construed by this Office as a waiver thereof. Thus, this Office will be constrained to
resolve the matter based on available records.

ANNEX A-3
Memorandum to Person Complained of
to Submit Counter-Affidavit/Comment (Applicable
for Offenses Subject to Settlement)
MEMORANDUM

FROM : (Name of Executive Director/Name of Regional Director)

SUBJECT : Letter-Complaint dated _______of (Name of Complainant) for (Offense)
DATE : ________________
This refers to the letter-complaint dated _________filed against you by (Name of Complainant),
(personal circumstance, if any of the Complainant), for (offense/allegation), alleging, among
others, to wit:
“xxx (quote verbatim the allegation in the complaint/letter)

xxx.”
After evaluation of the allegations above cited, the same could be the subject of settlement
pursuant to Section 60 (B), Rule 11 of the 2017 Rules on Administrative Cases in the Civil
Service (2017 RACCS).
In this connection, you are hereby directed to submit your comment and indicate whether you
are willing to submit the case for settlement. Otherwise, you are hereby directed to submit your
explanation under oath together with authenticated affidavits of your witness/es and other
documentary evidence, if any within five (5) days from receipt hereof why you should not be
administratively charged. Your failure to do so shall be construed by this Office as a waiver
thereof. Thus, this Office will be constrained to resolve the matter based on available records.

ANNEX A-4
Indorsement to BLGF Regional Office
Republic of the Philippines

DEPARTMENT OF FINANCE
B UREAU OF LOCAL GOVERNMENT FINANCE
th
8 Floor EDPC Building, BSP Complex, Roxas Boulevard, 1004 Manila
www.blgf.gov.ph  central@blgf.gov.ph  +63 2 527 2780/ 527 2790
1st Indorsement
(Date)
Respectfully referred to the REGIONAL DIRECTOR, BLGF Region __, the herein letter-
complaint/complaint-affidavit dated __________ filed by (Name of Complainant) against (Name,
Position/Designation, LGU/BLGF Office of Person Complained of), for alleged (State alleged
offense/s), the complete details of which are stated in the complaint.
In this connection, that Office is hereby directed to conduct a preliminary investigation on

the matter to determine the existence of a prima facie case and create an investigating team,
when deemed necessary.
In the conduct of investigation, the procedures prescribed under the 2017 Rules on
Administrative Cases in the Civil Service (2017 RACCS), pursuant to CSC Resolution No.
1701077 dated 3 July 2017, should be strictly followed.
Likewise, a Resolution with recommendation thereon should be prepared and submitted

to this level, together with the entire records of the case within ten (10) days from the
termination of the preliminary investigation.
Be guided accordingly.
(NAME)
Executive Director
ANNEX A-5
Letter to Complainant to Comply with
the Requisites of a Valid Complaint
Date
Mr./Ms (NAME OF COMPLAINANT)

(Address)
Re: Complaint Against (Name of Person Complained of),

(Position/Designation of Person Complained of)
of (LGU/BLGF Office)
Dear Mr./Ms (Last Name of Complainant):
This pertains to the letter-complaint/complaint-affidavit dated __________ which you filed

against (Name of Person Complained of), (position), (LGU/BLGF Office), for alleged (State
alleged violation/s).
Upon initial perusal of document/s you submitted, it appears that it does not comply with the
requisites of a valid complaint as provided under applicable BLGF MAC provisions pursuant to
Section 11 of the 2017 RACCS. A valid complaint shall be in writing, subscribed and sworn to
by the complainant, and shall contain the following:
a. Full name and address of the complainant;

b. Full name and address of the person complained of as well as his/her
position and office;
c. A narration of the relevant and material fact which shows the acts or
omissions allegedly committed;
d. Certified true copies of documentary evidence and affidavits of his/her
witnesses, if any; and
e. Certification or statement of non-forum shopping.
The absence of any of the aforementioned requirements may cause the dismissal of the
complaint without prejudice to its refiling upon compliance with the same.
In this regard, you are given five (5) days to substantially comply with the aforementioned
requisites, otherwise this Office shall dismiss the complaint with prejudice.
Very truly yours,
(NAME OF ED/RD)
Copy furnished:
ANNEX B-1
Order Creating an Investigating Committee
or Designating an Investigator
Bureau/Regional Personnel Order No. _________

(Date)
In the exigency of the service and pursuant to Rule 4 (Preliminary Investigation)

of 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), the following
Bureau personnel are hereby constituted as the Investigating Team (Team) to conduct a
Preliminary Investigation on the undated complaint of (Name of Complainant,
position/personal circumstance, if any) filed against (Name of the Person Complained of,
position/designation, LGU), for alleged (offense as alleged), to wit:
Name Position Designation

1.
2.
3.
Likewise, said Team shall have the authority to issue subpoena ad testificandum
and duces tecum and other powers necessary to carry out the investigation.
Furthermore, the report of investigation shall be submitted within ten (10) days upon
termination of the investigation.
(Name of the ED/Name of the RD)

ANNEX B-2
Letter Informing the Parties on the
Extension of the Period to Conduct PI
(DATE)
MR. /MS. _______________

_______________________
(Complainant)
MR. /MS. _______________

_______________________
(Person Complained of)
Dear Mr. /Ms. (Last Name of Complainant):
This refers to the affidavit/letter-complaint dated _____________ filed by (name of complainant)

against Mr./Ms. ___________, (Provincial/City/Municipal Treasurer or Assistant Treasurer, as
the case maybe/Bureau personnel), for alleged (nature of the offense).
Please be informed that due to (state the reason/s) the period within which to conduct the
preliminary investigation as provided under 2017 Rules of Administrative Cases in the Civil
Service (2017 RACCS) is hereby extended.
For the information and guidance of all concerned.
Very truly yours,
EXECUTIVE DIRECTOR/REGIONAL DIRECTOR

ANNEX B-3
Order Informing the Parties for the
Conduct of Clarificatory Hearings for PI
RE: Complaint/Case for _____________
Mr./Ms. _______________
(Complainant)
Mr./Ms. _______________
x-----------------------------x
ORDER FOR CLARIFICATORY HEARING
Pursuant to Section 19, Rule 4 of the 2017 Rules on Administrative Cases in the Civil
Service (2017 RACCS), the above named parties are hereby directed to attend on (date) for a
clarificatory hearing on the above entitled complaint/case.
In the conduct of the clarificatory hearing, the parties shall be afforded the opportunity to
be present but without the right to examine or cross-examine the party/witness being
questioned. The parties may be allowed to raise clarificatory questions and elicit answers form
the opposing party/witness, which shall be coursed through the Special Investigator/Hearing
Officer who shall determine whether or not the proposed questions are necessary and relevant.
In such cases, the Special Investigator/Hearing Officer shall ask the question in such manner
and phrasing as he may deem appropriate.
Thereafter, the instant complaint/case shall be deemed submitted for resolution/decision

unless the conduct of further proceedings is considered still necessary by the
investigating/hearing officer.
SO ORDERED.
(BLGF Office Address), (Date).
(NAME)
SPECIAL INVESTIGATOR III
ANNEX B-4
Subpoena Duces Tecum
Mr./Ms ________________________
Municipal/City/Provincial Treasurer of
______________________________ For: ________________________________
x-----------------------------------------------x
SUBPOENA DUCES TECUM
TO : Mr./Ms ________________________
(Position, Office)
Province/City of _________________
Greetings:
In relation to the above captioned case and pursuant to the provisions of the 2017 Rules of
Administrative Cases in the Civil Service (2017 RACCS), you are hereby mandated to submit to
this office, within ______(days) from receipt of this subpoena, CLEAR COPY of:
Particulars Date Required Certification
Stamped on the Requested
Documents
(Office order, Memo, Official Indicate date of the document (“ Certified Photocopy of the
Documents) Original on File”) reflecting
the full name and the
designation/position of the
official records custodian
In replying or complying cite Subpoena No._______ and attached a copy of this Subpoena for
easy reference.
In case the above documents cannot be produced, you are hereby directed to issue a
CERTIFICATION UNDER OATH to this effect stating clearly the reasons thereof.
You are strictly reminded to keep this subpoena confidential and not to disclose the name
and/its contents to any person pursuant to _____________.
Fail not under penalty of law.
Issued (date). (place).
__________________
Special Investigator
ANNEX B-5
Subpoena Ad testificandum
RE: Complaint filed by (Name of Complainant), (personal circumstance, address/LGU)

against Mr./Ms (Name of Person Complained of), (position/designation), (LGU) for
(offense committed)
SUBPOENA AD TESTIFICANDUM
TO : (NAME OF THE PERSON REQUIRED TO APPEAR AND TESTIFY)

(Position)
(Address)
Greetings:
Pursuant to Section 19, Rule 4 of the 2017 Rules on Administrative Cases in the Civil Service
(RACCS), you are hereby directed to appear and testify during the CLARIFICATORY
MEETING as part of the Preliminary Investigation of the above Complaint on (date) at (time)
o’clock in the (morning/afternoon) at (exact venue), and bring with you pertinent
original/authenticated documents relative to the case, if any.
Fail not under penalty of law.
(Name of SI)
Investigation Officer
PROOF OF SERVICE
I have this day served upon Mr./Ms (NAME OF THE PERSON REQUIRED TO APPEAR AND
TESTIFY), (position/designation), (LGU/Address), the herein Subpoena Ad Testificandum this
___ day of ____ 2020, at (place of issuance).
______________________________________
Signature over Printed Name of Serving Official
Received by:
_______________________
Signature over Printed Name
Date/Time_______________
ANNEX B-6
Order on Motion for Extension During PI
(Name of Complainant),
Complainant For: _____________________________
-versus –
(Name of Person Complained of)

Person Complained of
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
ORDER
Pursuant to Section 37, Rule 8 of the 2017 Revised Rules on Administrative Cases in
the Civil Service, and finding the oral/written request of ___________ requesting extension to
file answer/comment/supplemental pleadings to be meritorious, the same is hereby granted.
________ is hereby directed to submit his answer/comment/pleading within a non-

extendable period of five (5) days from receipt hereof with caution that failure to comply with this
Order shall be construed as waiver thereof and the formal investigation shall proceed based on
the evidences on record.
SO ORDERED.
(BLGF Address) (Date).
III
ANNEX B-7
Preliminary Investigation Report
TO : (NAME)
IN RE : (Name of the person complained of)

(Position)
(Province/City/Municipality)
FOR: (Alleged Violation/s)
x -- - - - - - - - - - - - - - - - - - - - - - - - x
PRELIMINARY INVESTIGATION REPORT
For Preliminary Investigation is the Complaint-Affidavit filed by (Name of the

Complainant) against (Name of the Person Complained of), (Position),
(Province/City/Municipality) for (statement of allegations/offense)(Annex “1”).
FACTUAL ANTECEDENTS OF THE CASE
COMPLAINANT’S ARGUMENTS
xxx
DOCUMENTARY EVIDENCE SUBMITTED BY THE COMPLAINANT

xxx
PERSON COMPLAINED OF EXPLANATIONS/DEFENSES

xxx
DOCUMENTARY EVIDENCE SUBMITTED BY THE PERSON COMPLAINED OF
ISSUE
A perusal of the records of the case would reveal that the sole issue to be resolved is
whether the herein person complained of committed the administrative offense/s of
_________________________.
FINDINGS AND EVALUATION OF THE FACTS AND EVIDENCE
A painstaking scrutiny of the records of the case would lead us to a finding and
recommendation that the above-stated issue should be resolved in the _______.
LAW/JURISPRUDENCE
xxx
APPLICABILITY IN THE PRESENT CASE
xxx
RECOMMENDATION
Premises considered, the herein complainant __________. Thus, this office has
________ and hereby orders the __________.
WHEREFORE, foregoing premises considered, it is hereby recommended that

_________________________.
SO ORDERED.
CITY/MUNICIPALITY AND PROVINCE. DATE.
_______________________
BUREAU OF LOCAL GOVERNMENT FINANCE
8th Floor EDPC Building, BSP Complex, Roxas Boulevard, 1004 Manila
YYYYY,
Complainants,
FOR: SIMPLE DISCOURTESY IN THE

- versus - COURSE OF OFFICIAL DUTIES
XXXXX
City Treasurer
Dapitan City
Respondent
x------------------ --x
FORMAL INVESTIGATION REPORT
I.
PREFATORY STATEMENTS
The instant case stemmed from the Complaint-Affidavit of YYYY, resident of Dapitan
City and employee of the City Government of Dapitan as Local Treasury Operations Officer III,
under the Office of the City Treasurer, against XXXXX, the incumbent City Treasurer of said
City for Grave Misconduct, Discourtesy in the Course of Official Duties, Oppression and Grave
Oral Defamation/Slander. As alleged, both complainants are under the supervision of
respondent XXXXX.
The complaint dated August 12, 2016, was initially filed in this Office, copy of which was
furnished to the Office of the City Mayor, Dapitan City, Regional Director, Civil Service
Commission, Regional Director, Bureau of Local Government Finance and Office of the Deputy
Ombudsman for Mindanao, Davao City. Upon receipt of the complaint, the same was referred to
XXXXX with a directive to submit Comment/Counter-Affidavit thereto.
Unknowingly, intervening event ensued, wherein the Office of the City Mayor took
cognizance of the case. As such, the city government thru the Personnel Investigation
Committee (PIC) conducted preliminary hearings and conferences and issued a resolution
finding prima facie evidence to file formal charge against respondent for Simple Misconduct.
However, during the preliminary mandatory conference of the formal investigation, the issue on
jurisdiction over the person of XXXXX was raised. Hence, XXXXX, being a City Treasurer and
upon instance of this Office, the complaint was referred to this Office for appropriate action
pursuant to Section 471 of the Local Government Code and existing laws and jurisprudence.
In another occurrence, this Office was furnished with a copy of Notice of Conference
issued by BBBBB, Acting Director, Public Assistance and Corruption Prevention Office-
Mindanaon of the Office of the Deputy Ombudsman for Mindanao, Davao City, directing the
parties to attend a scheduled conference before a certain WWWW of the Office of the
Ombudsman for Mindanao last February 24, 2017.
Anxious of the situation and entertaining the possibility that the Office of the Deputy
Ombudsman for Mindanao might have taken cognizance of the case, this Office was prompted
to seek information as to its status in so far as the Office of the Ombudsman is concerned and
to serve as guidance in initiating appropriate further action over the complaint.
In the letter-reply dated July 25, 2017, of VVVVV, Chief Administrative Officer, Records
Division, Case Records Evaluation Monitoring and Enforcement Bureau (CREMEB), she
informed that the complaint is already closed and terminated. Prior, however, to the receipt of
the said letter, a representative of the Office of the Deputy Ombudsman for Luzon called the
region thru phone informing that the conference was intended to assist the parties to agree
amicably and not to take cognizance of the case for a full blown investigation. She then advised
this Office to proceed with the investigation of the case since both parties have not reached a
settlement agreement.
Thus, this Office proceeded with the conduct of preliminary/fact-finding investigation over
the complaint to determine the existence of a prima facie case. Thereafter, a Report of
Investigation was furnished to the Bureau recommending for the filing of formal charge against
XXXXX for Simple Discourtesy in the Performance of Official Duties. Correspondingly, this
Office was directed by the Bureau in its 2 nd Indorsement dated 22 February 2018 to file the
appropriate formal charge.
Respondent XXXXX in a letter dated April 10, 2018 then filed his answer adopting his
previously submitted Sinumpaang Salaysay and Sinumpaang Salaysay of his witness, Mrs.
NNNN. Further, XXXXX elected not to have a formal investigation and opted not to have a
counsel. As such, this Office proceeded with the ex parte evaluation of the case based on the
documents on record.
II
STATEMENT OF FACTS
That on August 12, 2016 at around 8:45 in the morning at the Office of the City
Treasurer, complainants, together with two other employees were invited by ZZZZ to take some
snacks and eat for a while before proceeding to their respective designations in the market. The
invitation of ZZZZ is a way of commending the good performance in the license and stall section
personnel and that she will go on leave of absence. XXXXX, the head of the unit was also
present at that time because everyone is free to join the short get together, since it is also a
supposed surprise celebration of one of their officemates.
That while the complainants were busy preparing foods, they were talking and laughing
which according to them is natural and done in a cordial manner being aware that they are in a
public office.
That when they are about to take the food, suddenly, their head, XXXXX, in an
extremely loud voice shout at the complainants saying “Okinnayo! Nagtatagari kayo! Kasla
kayo lang nga baboy! Okinnayo! Ar-aramiden yo nga kasla beerhouse! Okinnayo! Nu
kayat yo, agdidinnanugan tayo!!!” (Putang Ina! Ang iingay niyo! Para kayong mga baboy!
Putang Ina niyo! Ginagawa niyong parang beerhouse! Putang Ina niyo! Kung gusto niyo,
magsusuntukan tayo!!!)
III
COMPLAINANTS ALLEGATIONS
The words (XXXXX) were clearly directed to the complainants because he was looking
at them while shouting the alleged defamatory/slanderous words. XXXXX even took an eye to
eye contact with QRSTU while angrily shouting at them;
Complainants were shocked by such undesirable and animal like behavior that XXXXX
had shown;
XXXXX’s utterances were heard by everyone in the office and he was clearly prompted
not by sense of moral duty but by personal ill-will, spite, and/or malice with the object of
discrediting and ridiculing the complainants as individuals before the bar of public opinion and
contempt;
That after such incident, complainants observed that their head, XXXXX on his way in
going out of the office was even proudly telling the people outside about what he just said;
Complainant was so devastated and distressed that very moment, that they can no
longer enjoy the meals they are supposed to take;
The ill-effects of the malicious utterances made by XXXXX against the complainants are
shown by negative responses around them, expressing belief in his baseless allegations as
shameful, heinous, and unequivocally barbaric-all to the damage and prejudice of the
complainants;
That by reason of the incident, complainants suffered sleepless nights, wounded

feelings, moral and social embarrassment which XXXXX should compensate by way of
damages;
That XXXXX should be charged criminally for violation of Article 353 in relation to Article
358 of the Revised Penal Code of the Philippines or for GRAVE ORAL
DEFAMATION/SLANDER in the proper forum;
That XXXXX be also administratively charged for GRAVE MISCONDUCT,

DISCOURTESY IN THE COURSE OF OFFICIAL DUTIES, and OPPRESSION.
No documentary evidences submitted by the Complainants.
IV
PERSON COMPLAINED OF DEFENSES
XXXXX in his “Respectful Submission” dated October 3, 2016, in compliance with the
Order of this Office, manifested that his “Sinumpaaang-Kontra Salaysay” previously submitted
to the Personnel Investigation Committee be likewise adopted by this Office as his
Comment/Counter-Affidavit, wherein he raised the following defenses (Quoted in Filipino):
“x x x
3. Aking mariing itinatanggi and mga paratang sa akin ni YYYYY sa kanyang

Complaint-Affidavit dahil walang katotohanan, pawang mga kathang isip lamang at
walang basehan ang mga ito;
4. Ang katotohanan ay ang mga sumusunod:
a. Noong ika-12 ng August taong 2016 dakong ika-walo at Apatnapu’t lima

(8:45) ng umaga at oras pa ng regular na pag-oopisina. Dahil oras ito ng
trabaho noong oras na iyon tinatapos ko and isang Communication Letter at
inihahabol ko itong tapusin sa kadahilanang deadline na ito noong araw na
iyon;
b. Dahil oras pa ng trabaho noon ay nagulat ako ng biglang maglabas ng

pagkain and grupo ng mga nagrereklamo na sina YYYYY at QRSTU at
dalawa pa nilang kasamahan. At kahit hindi pa oras ng meryenda ay kumain
sila sa loob ng opisina at maingay pa sila habang kumakain;
c. Napilitan akong punahin ang kanilang ginagawa dahil sa mali ito sa lahat ng
anggulo at oras pa mandin ito ng trabaho at higit sa lahat ay nagdudulot ng
ingay na nakakaperwisyo sa ibang mga empleyado ng treasurer’s office na
abalang-abala sa kanilang mga trabaho dahil sila ay nagtatawanan na
parang wala silang kasamang tao sa opisina ng ingat-yaman;
d. Pinagsabihan ko sila sa maayos na paraan upang itigil ang kanilang pagkain

at pag-iingay ng wala sa tamang oras bilang nakakataas sa kanila at para na
din hindi na ako lalo pang mairita ako ay kusa na lang lumabas ng opisina
upang ibaling ang aking atensyon sa ibang bagay;
5. Kung babasahing mabuti and Complaint-Affidavit na ginawa ng mga

nagrereklamo ay madaling mapapansin ang pag-amin ng mga nagrereklamo
na naganap ang insidenteng kanilang inerereklamo ng 8:45 ng umaga, sa
oras pa ng trabaho. Ang pinipunto ko lang naman dito ay ang pagkakaroon
ng salo-salo hindi naman talaga lubusang pinagbabawal subalit dapat ito ay
nasa tamang oras at lugar. Dapat ay isina-alang-alang din ng mga
nagrereklamo na sila ay public servant at ang kanilang sinusweldo ay galing
sa buwis na binabayad ng mga tao. Kaya sila ay dapat nagtatrabaho sa oras
ng trabaho at hindi sila dapat kumakain o nagiingay sa oras ng regular na
trabaho;
6. Hindi din totoo na ang ginawa nilang salo-salo noong ika-12 ng Agosto 2016
na isang “surprise celebration” para sa kaarawan ni Luningning Pobre dahil
ang kanyang kaarawan ay August 13, 2016 pa;
7. Sinasabi din nila sa kanilang Complaint-Affidavit na ako ay nanggagalaiti sa

galit, may mapangahas na itsura at sila ay aking sinigawan ay pawang mga
gawa-gawa, kathang isip lamang at pagmamalabis ng mga totoong nagyari ng
mga nagrereklamo dahil mahinahon kong pinuna ang kanilang ginagawa
noong mga oras na iyon. Pinuna ko ang kanilang mga gawain na hindi
karapat dapat dahil ito ay nakakaabala sa akin at sa aking mga katrabaho.
Ang aking pagpuna ay hindi nadirekta lamang sa mga nagrereklamo at ito ay
para sa pangkalahatan wala man lang akong binanggit na pangalan noong
pinuna ko ang kanilang maling ginawa;
8. Wala ding katotohanan na narinig ng mga ibang empleyado sa aming opisina

ang ginawa kong pagpuna sa kanilang ginawa dahil mahinahon ko lang itong
sinabi sa kanila. Mapapatunayan ito ng Sinumpaang Salaysay ni Ginang
Elenita Cabrito na aking ka-opisina na nandoon din noong nangyari ang
sinasabi nilang insidente. Bagkus, ang nagrereklamong si YYYYY pa nga ang
nagsalita ng masasamang bagay tungkol sa akin noong ako ay palabas ng
aming opisina para magpalipas ng aking pagkairita sa kanilang ginagawa at
narinig mismo ito ni Ginang Elenita Cabrito. Aking ilalakip dito sa aking
Sinumpaang Kontra-Salaysay at mamarkahan ang kopya ng Sinumpaang
Salaysay ni Elenita Cabrito bilang Annex-“1”;
9. Ginawa ko lang ang nararapat, ang punahin ang mga bagay na hindi
maganda sa paningin ng ibang tao lalo na at nasa sekto ng pampublikong
serbisyo ang aming trabaho. Kung hindi ko sila pupunahin, makikita ito ng
mga mamamayan ng Lungsod ng Santiago na may transaksyon sa aming
opisina noong mga oras na iyon. Alam naman natin lahat na ang mga opisina
sa City Hall ay naka salamin lang at kitang kita ng taongbayan ang mga
ginagawa ng mga empleyado sa loob. Isa pa, karapatan ko din silang punahin
bilang City Treasurer for Operations ng Opisina ng Panglungsod na Ingat-
Yaman;
10. Wala din akong nakikitang Grave Misconduct at Discourtesy in the Course
of Official Duties sa aking ginawang pagpuna sa kanilang pag-iingay at
pagkain sa loob ng opisina sa oras ng trabaho dahil isa ito sa aking
tungkulin dahil noon pa man ay may direkta na ang Human Resource
Department ng Lungsod ng Santiago na ipinagbabawal ang pagkain sa loob
ng opisina tuwing oras ng trabaho. Higit sa lahat, walang oppression sa
aking mga ginawa dahil ginawa ko lang ang aking trabaho na punahin ang
hindi tamang ginagawa ng mga nagrereklamo;
11. Bilang isang empleyado ng Gobyerno alam ko ang mga bagay na hindi
ginagawa na makakamali sa aking trabaho. Ako ay magtatalumput-tatlong
(33) taon na sa serbisyo publiko at wala akong inagrabyadong tao sa tagal
ko sa serbisyo. Ito and unang reklamo na aking sasagutin patungkol sa
aking trabaho. Wala akong sinaktang damdamin, kung meron man wala
akong intensiyon na makasakit ng kapwa ko;
12. Kung nakapagmura man ako ng Putang-ina gaya ng sinasabi nila sa

kanilang Complaint-Affidavit, hindi din naman ito papasok ng Grave Oral
Defamation/Slander dahil matagal na panahon na nadesisyunan ng Korte
Suprema noong taong 1969 sa kasong Reyes vs. People. G.R. Nos. 21528
and L-21529, March 28, 1969 na kung saan sinasabi dito na ang “putang-ina
mo” ay napaka komon na salita na hindi ginagamit sa paraan ng paninira ng
puri kundi isa lamang itong expresyon ng galit at pagkayamot. Sa katunayan,
ito ay masamang salita na pang diin lamang sa expresyon ng
kalapastanganan. Ang Aktuwal na desisyon ng Korte Suprema ay ganito ang
sinasabi”, “We ruled that the expression putang ina mo is a common
enough utterance in the dialect that is often employed, not really to
slander but rather to express anger or displeasure. In fact, more often,
it is just an expletive that punctuates ones expression of profanity”.
13. Kaya kung mararapatin ng Opisina ng Personnel Investigation Committee ay

dapat dismissin na sana ang kanilang reklamong “Grave Misconduct,
Discourtesy in the Course of Official Duties, Oppression and Gravel Oral
Defamation/Slander” dahil wala itong basehan, mapa batas man o desisyon
ng Korte Suprema. Ginawa ko lang aking trabaho ng matapat at naayon sa
aking mga tungkulin bilang Assistant City Treasurer for Operations na pigilan
o punahin ang kanilang maling ginagawa sa oras ng trabaho.
x x x”
Respondent submitted as documentary evidence the “Sinumpaang Kontra-

Salaysay” of Mrs. Elenita Cabrito.
V.
ISSUE
A perusal of the records of the case would reveal that the issue to be resolved are the
alleged acts and utterances made by XXXXX, the herein person complained of.
Thus, stated otherwise: Whether or not the herein person complained of committed
the administrative offense Simple Discourtesy in the Course of Official Duties?
VI.
FINDINGS
At the outset, it must be clarified that this Office could not take cognizance of the criminal
and civil liability of the person complained of, the same being vested and under the jurisdiction
of regular courts.
With regards, however, to the administrative offense of “Discourtesy in the Course of

Official Duties”, while it is true that XXXXX is the City Treasurer for Operations and exercising,
to a certain extent, administrative supervision over the complainants, such is not a license to
make unwanted utterances over them, the Supreme Court in the case of Domingo v. Quimson
(G.R. No. L-34081 August 19, 1982), held, that:
“x x x Holding an esteemed position is never a license to act capriciously

with impunity. The fact that there was a squabble between petitioner and
complainant, both high-ranking local public officials, that a verbal brawl
ostensibly took place, speaks very poorly of their self-control and public
relations. For this, they both deserve to be censured and directed to conduct
themselves in a more composed manner and keep their pose as befits ranking
officials who officially deal with the public x x x”.
In another case, the high court ruled that:
“x x x As a public officer, respondent is bound, in the performance of her

official duties, to observe courtesy, civility, and self-restraint in her dealings with
the public. Above all, the Code of Conduct and Ethical Standards for Public
Officials and Employees directs all public officials to extend prompt, courteous,
and adequate service to the public, and at all times to respect the rights of others
and refrain from doing acts contrary to law, good morals, good customs, public
order, public policy, public safety, and public interest.
To be worthy of respect, one must act respectably, remembering always

that courtesy begets courtesy. (Punzalan-Santos v. Arquiza, 244 SCRA 527
(1995).
This Office agree with the Respondent that the expression “Putang-Ina mo” was not held
to be libelous where the Court said that: This is a common enough expression in the dialect that
is often employed, not really to slander but rather to express anger or displeasure.
However, and in light of the fact that there was a perceived provocation coming from
complainants, respondent’s acts and utterances constitutes simple discourtesy, following the
afore cited case of Reyes vs. People.
VII.
RECOMMENDATION
WHEREFORE, it is respectfully recommended that a DECISION be issued finding

respondent XXXXX guilty of the offense of Simple Discourtesy in the Course of Official Duties
and the penalty of REPRIMAND be imposed being his first offense.
January 28, 2019.
NAME
ANNEX C-1
Indorsement Transmitting Resolution to ED

Regional Office No. _
Address
Telefax Nos. _______, E-mail: ____________
___ Indorsement
(date)
Respectfully forwarded to (NAME OF ED), Executive Director, Bureau of Local

Government Finance, 8th Floor, EDPC Building, Bangko Sentral ng Pilipinas Complex, Roxas
Boulevard, Manila, for review and confirmation, is the herein Resolution of the Complaint
against (Name of the Person Complained of) for (offense) with the following attachments:
1. Preliminary Investigation Report

2. Counter-Affidavit of Mr./Ms. ___________ with attachments/annexes
3. Letter complaint of Mr./Ms. ____________ with attachments/annexes
4. Documentary Evidence, if any
5. xxx
After evaluation of the Fact Finding/Preliminary Investigation Report submitted by the

Special Investigator III/Designated Special Investigator, this Office, recommending for the
(dismissal of the complaint, if applicable), the undersigned found the same to be in order,
hence, the complaint is hereby recommended to be (dismissed for lack of prima facie case, if
applicable).
(NAME OF RD)
Regional Director
ANNEX C-2
Resolution

Address
MR./MS. ________________
________________________
(Complainant)
- versus - FOR: ________________
MR./MS. ________________
________________________
(Person Complained Of)
x-----------------------x
RESOLUTION
FACTS OF THE CASE
_____________________________________________________________________
___________________________________________________________________________.
ISSUE/S
____________________________________________________________________________
____________________________________________________________________.
DECISION/RULING
____________________________________________________________________________
____________________________________________________________________.
(BLGF Office Address) (Date)

REGIONAL DIRECTOR
ANNEX C-3
Memorandum Confirming RO Resolution
MEMORANDUM
TO : (Name of the RD)

Regional Director, BLGF Region_____
FROM : (Name of the Executive Director)

Executive Director
SUBJECT : Resolution of the Complaint Against (Name of the person complained of,
position, LGU)
DATE :
Enclosed is the Resolution promulgated on (date) by that Office, recommending the dismissal of
the complaint dated _______, filed against (Name of the person complained of, position, LGU),
for (name of the offense).
The pertinent portions of said Resolution are quoted as follows:
“xxx…quote the pertinent resolution and the recommendation
xxx”
Foregoing considered, and in view of the absence of a prima facie case. The recommendation/s
as contained in the abovementioned Resolution, pursuant to Department Special Order No.
001-20181, dated 9 November 2018, is hereby CONFIRMED.
Accordingly, copies of said Resolution together with the herein Memorandum should be served
upon all parties concerned and the proof of service thereof should be furnished this Bureau for
record purposes.
For compliance.
1
Updated Code of Approving and Signing Authorities (CASA) of the Bureau of Local Government Finance (BLGF)
ANNEX C-4
Memorandum to the Secretary
Recommending Issuance of a Formal Charge/Notice of Charge
MEMORANDUM
FOR : SOF
THRU : USEC
Revenue Operations Group
FROM :
Executive Director
SUBJECT : Recommendation to File a Formal Charge/Notice of Charge Against

(Name of the Person Complained of, Position/Designation, LGU)
DATE : 28 February 2019
This is to respectfully submit the herein draft Formal Charge against (Name of the Person
Complained of, Position/Designation, LGU), for (offense).
(brief narration of facts)
(quote Resolution and Recommendation)
“WHEREFORE PREMISES CONSIDERED, …….
SO ORDERED.”
Foregoing considered, and it appearing that a prima facie case exists against Mr./Ms (Last
Name of Person Complained of), the above signed conforms to the recommendation to file a
formal charge/notice of charge. In this connection, the herein draft formal charge is hereby
submitted pursuant to Department Special Order No. 001-20182 dated 9 November 2018.
For the Secretary’s approval.
2
Updated Code of Approving and Signing Authorities (CASA) of the Bureau of Local Government Finance (BLGF)
ANNEX D
Formal Charge
Administrative Case No.

BLGF___ – Year – No.
(LAST NAME, FIRST NAME MI.)

(Position)
(LGU/Municipality/City/Province)
FORMAL CHARGE /NOTICE

FORMAL OF
CHARGE
CHARGE
MSSR/MADAME:
This Department has found after a fact finding investigation that a prima facie case
exists against you for (statement of the allegations/s).
xxx (enumeration of offenses, if any)
WHEREFORE, you are hereby directed to answer in writing and under oath within ten
(10) days from receipt hereof. Failure to file an Answer within the given period shall be
considered as waiver thereof and the case shall be decided based on available records.
In your Answer, you should state whether you elect to have a formal investigation or
submission of Position Paper/Memoranda.
This Office will not entertain requests for clarification, bills of particulars, motions to
dismiss, motions to quash, motions for reconsideration and motion for extension of time to
answer. The same shall be noted without action and attached to the records of the case.
You are hereby advised that you are entitled to the assistance of a counsel.
(NAME OF SOF)
Secretary
ANNEX E-1
Preventive Suspension Order
(Local Treasurers and their assistants)
(Name of LT or their assistant)

Case No. AC No. CO/RO__-2020-00_
Respondent.
For: ____________________________
x-------------------------------------------------------x
PREVENTIVE SUSPENSION ORDER
Pursuant to Section 29, Rule 7 of the 2017 RACCS, and in view of the Formal
Charge/Notice of Charge issued against you on (date) for (offense), you are hereby ordered
preventively suspended for a period of sixty (60) days without pay from receipt hereof.
In this connection, you are hereby instructed to turn over your office accountabilities to
the incoming OIC/Acting-Provincial/City/Municipal/ Treasurer, together with all the cash,
properties and equipment, books of accounts, including cash books and accountable form,
subject to Commission on Audit (COA) rules and regulations.
SO ORDERED.
Date.
BOPIR/SOF
ANNEX E-2
Preventive Suspension Order
(BLGF Personnel)
Mr./Ms ____________________________
(Name of BLGF Personnel)
___________________________________ For: _____________________________
x-------------------------------------------------------x
PREVENTIVE SUSPENSION ORDER
Pursuant to Section 29, Rule 7 of the 2017 RACCS, and in view of the Formal
Charge/Notice of Charge issued against you on (date) for (offense), you are hereby ordered
preventively suspended for a period of sixty (60) days without pay from receipt hereof.
In this connection, you are hereby instructed to turn over your accountabilities to your
immediate supervisor.
SO ORDERED.
Date.
(Sgd.)
Executive Director
ANNEX E-3
Order of Reassignment in Lieu of Preventive Suspension
(Local Treasurers and their assistants)
(Name of LT or their assistant)

Case No. AC No. CO/RO__-2020-00__
Person Complained of.
For: ____________________________
x-------------------------------------------------------x
ORDER OF REASSIGNMENT
IN LIEU OF PREVENTIVE SUSPENSION
Pursuant to Section 30, Rule 7 of the 2017 RACCS and finding merit to your request,
you are hereby reassigned in (state the office of reassignment) for a period of (days).
In this connection, you are hereby instructed to turn over your office accountabilities to
the incoming OIC/Acting-Provincial/City/Municipal/ Treasurer, together with all the cash,
properties and equipment, books of accounts, including cash books and accountable form,
subject to Commission on Audit (COA) rules and regulations.
SO ORDERED.
(BLGF Office Address), (Date)
BOPIR/SOF
Annex E-4
Order of Reassignment in Lieu
of Preventive Suspension-BLGF Personnel

(Name of BLGF Personnel)
Person Complained of For: ____________________________
x-----------------------x
ORDER OF REASSIGNMENT
IN LIEU OF PREVENTIVE SUSPENSION
Pursuant to Section 30, Rule 7 of the 2017 RACCS and in view of your request and after
finding the same to be meritorious, you are hereby directed to report at (state the
agency/office) for a period of ninety (90) days and is further instructed to regularly and
physically report thereat. Failure to comply with the said directive will cause the automatic
revocation of this order of reassignment and the original order of preventive suspension shall be
immediately reinstated.
SO ORDERED.
(BLGF Office Address), (Date)
EXECUTIVE DIRECTOR
ANNEX E-5
Order directing the conduct of the Formal Investigation
and Designation of a Hearing Officer, Prosecutor
and Secretary – Local Treasurers and their assistants

th
Bureau Order No.____. _______

(DATE)
TO: THE REGIONAL DIRECTOR
FROM: THE EXECUTIVE DIRECTOR
SUBJECT: CONDUCT OF FORMAL INVESTIGATION RE: (Case Title) Administrative

Case Filed Against Mr./Ms. ____________, Provincial/City/Municipal
Treasurer of __________ For ______, and DESIGNATION OF A HEARING
OFFICER, PROSECUTOR AND SECRETARY
Pursuant to Section 34, Rule 8 of the 2017 Rules on Administrative Cases in Civil
Service (2017 RACCS) and Department Special Order No. 001-2018 or the Updated Code of
Approving and Signing Authorities dated 01 November 2018, the following Central and Regional
personnel are hereby you are hereby directed to conduct a Formal Investigation on the above
cited administrative case filed against Mr./Ms _____________, Provincial/City/Municipal
Treasurer of __________ for ___________. In the conduct of the investigation, the procedures
prescribed under the above rules and other applicable policies should be properly observed.
For this purpose, the following Central and/or Regional personnel are hereby designated
as: The above-namedfollowing personnel shall perform the functions and responsibilities of their
respective designated positions.
Name Designation
AAA
Acting Chief, Legal Division, BLGF Central Office (CO) Hearing Officer
BBB
Special Investigator III, BLGF Region I Prosecutor
CCC
Administrative Officer I, BLGF Region I Secretary
The above-named personnel shall perform the functions and responsibilities of their
respective designated positions.
For this purpose, the hearing officer shall submit Aa formal investigation report with a
recommendation thereon should be prepared and submitted to this level together with the entire
records of the case together with the entire records of the case within fifteen (15) days after the
conclusion of the formal investigation unless said period is extended in meritorious cases. The
complete records with Table of Contents shall be systematically and chronologically arranged,
paged, tabbed and securely bound to prevent loss.The complete records of the case shall be
attached to the report of investigation which shall be treated with confidentiality.
This Order shall take effect immediately and all concerned shall be guided accordingly.
ANNEX F-1
Notice of Hearing of Pre-Hearing Conference

th
Mr./Ms. _______________
______________________
(Complainant) Case No. AC No. CO/RO__-2020-00_____
Mr./Ms. _______________ FOR: ______________________________

______________________
(Respondent)
x-----------------------------x
NOTICE OF HEARING
OF PRE-HEARING CONFERENCE
Please be informed that the above entitled case is set for a pre-hearing conference on
_________ at ______________.
During the pre-hearing conference, the following matters and/or issues are to be
discussed and clarified, to wit:
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, which preferably, shall be held within a maximum
period of seven (7) calendar days;
7. Submission of the position papers or memoranda by the respective parties; and
8. Such other matters as may aid in the prompt and just resolution of the case.
The failure of any party to attend the pre-hearing conference may cause the submission
of the case for decision based on available records upon appropriate motion of the present
party.
SO ORDERED.
(BLGF Address) (Date)

HEARING OFFICER
ANNEX F-2a
Pre Hearing Order

th
Mr./Ms. _______________
______________________
(Complainant) Case No. AC No. CO/RO__-2020-00_____
Mr./Ms. _______________ FOR: ______________________________

______________________
(Respondent)
x-----------------------------x
PRE HEARING ORDER
In the pre-hearing conference conducted on (date) at (venue), the parties and their
respective counsels were present.
Given the nature of the charge the possibility of amicable settlement is therefore
unavailing.
The following are the respective admissions as to facts and foregoing stipulations were
agreed upon, hence:
1.
2. (Enumerate all the facts/stipulations agreed upon by the parties)
3.
With the preceding stipulations, the issue/s left to be tried/resolved for the complainant
on the one hand is/are as follows:
1. Whether or not….
On the other hand, the respondent would like the following issue/s to be resolved, thus:
1. Whether or not….
Proceeding, the parties also marked their respective exhibits and the corresponding
objections are likewise noted hence:
EXHIBIT/S FOR THE COMPLAINANT
(Indicate the type of exhibit as marked and state the objection, if any)
EXHIBIT/S FOR THE RESPONDENT

(Indicate the type of exhibit as marked and state the objection, if any)
For his part the complainant intends to present at least 2(two) witnesses, with express
reservation to present an additional corroborative witness, namely:
1. RICHARD BERUS;
2. DAVID CORONA, and
3. JOSELITO MARIA CHAN.
On the part of the respondent, the following witnesses will be presented:
1. The respondent himself (name);

2. The respondent’s officemate, Pakee Alamera;
3. Mr. Mandy Rigma, the Accountant.
DATE/S OF HEARING
With the agreement of the parties, the venue for the hearing will be at the 8 th floor, EDPC
Building, BSP Complex, Manila and the following dates are hereby set as the dates of trial,
hence:
1. October 21, 2020 at 2PM;

2. November 2, 2020 at 2PM;
3. December 3, 7 and 9, 2020 at 2 PM.
The preceding agreement/ stipulations in this pre-hearing conference shall be

binding for the parties herein and they are also directed to abide by it.
If they so desire, the parties may file their respective pre-hearing briefs, copy furnished
the adverse party, before the date of the hearing. or in the alternative, include a statement
requiring the parties to submit a position paper in lieu of a hearing.
SO ORDERED.
This 3rd day of September 2020, at Manila Philippines.
HEARING OFFICER
ANNEX F-3
Order on Motion for Extension During FI

Complainant For: _____________________________
-versus –

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
ORDER
Pursuant to Section 37, Rule 8 of the 2017 Revised Rules on Administrative Cases in
the Civil Service, and finding the oral/written request of ___________ requesting extension to
file answer/comment/supplemental pleadings to be meritorious, the same is hereby granted.
________ is hereby directed to submit his answer/comment/pleading within a non-

extendable period of five (5) days from receipt hereof with caution that failure to comply with this
Order shall be construed as waiver thereof and the formal investigation shall proceed based on
the evidences on record.
SO ORDERED.
(BLGF Address) (Date).
Hearing Officer
ANNEX F-4
Extension of the Period to Conduct FI

th
(DATE)
MR. /MS. _______________

_______________________
(Complainant)
MR. /MS. _______________

_______________________
Dear Mr. /Ms. (Last Name of Complainant):
This refers to the complaint/case dated _____________ filed by (name of complainant) against
Mr./Ms. ___________, (Provincial/City/Municipal Treasurer or Assistant Treasurer, as the case
maybe/Bureau personnel), for alleged (nature of the offense).
Please be informed that due to (state the reason/s) the period within which to conduct the formal
investigation as provided under 2017 Rules of Administrative Cases in the Civil Service (2017
RACCS) is hereby extended.
For the information and guidance of all concerned.
Very truly yours,
EXECUTIVE DIRECTOR/REGIONAL DIRECTOR
ANNEX F-5
Order Informing the Parties for the
Conduct of Clarificatory Hearings for FI
RE: Complaint/Case for _____________
Mr./Ms. _______________
(Complainant)
Mr./Ms. _______________
(Respondent)
x-----------------------------x
ORDER FOR CLARIFICATORY HEARING
Pursuant to Section 19, Rule 4 of the 2017 Rules on Administrative Cases in the Civil
Service (2017 RACCS), the above named parties are hereby directed to attend on (date) for a
clarificatory hearing on the above entitled case.
In the conduct of the clarificatory hearing, the parties shall be afforded the opportunity to
be present but without the right to examine or cross-examine the party/witness being
questioned. The parties may be allowed to raise clarificatory questions and elicit answers form
the opposing party/witness, which shall be coursed through the Hearing Officer who shall
determine whether or not the proposed questions are necessary and relevant. In such cases,
the Hearing Officer shall ask the question in such manner and phrasing as he may deem
appropriate.
Thereafter, the instant complaint/case shall be deemed submitted for resolution/decision

unless the conduct of further proceedings is considered still necessary by the
investigating/hearing officer.
SO ORDERED.
(BLGF Office Address), (Date).
(NAME)
HEARING OFFICER
ANNEX F-6
Formal Investigation Report

SOF Case No. AC No. CO/RO__-2020-00_____
versus
Mr./Ms. _______________ FOR: ______________________________

______________________
Respondent.
x-----------------------------x
FORMAL INVESTIGATION REPORT
I. PREFATORY STATEMENTS
xxx
II. STATEMENT OF FACTS
xxx
III. COMPLAINTS/ALLEGATIONS
xxx
IV. RESPONDENT’S DEFENSES
xxx
V. DOCUMENTARY EVIDENCE
xxx
VI. ISSUE
xxx
VII. FINDINGS
xxx
VIII. RECOMMENDATION
xxx
Hearing Officer
ANNEX F-7
Memo Submitting the FIR to BOPIR/SOF

MEMORANDUM
FOR : SOF
THRU : USEC (Name)

Revenue Operations Group
FROM : (Name)
Executive Director
SUBJECT : Formal Investigation Report
DATE :
This is to respectfully submit the herein Formal Investigation Report in the case of (cite case
title).
Likewise attached are the complete records with Table of Contents systematically and
chronologically arranged.
For the Secretary’s consideration.
ANNEX F-8
Memo Submitting FIR to ED

th
MEMORANDUM
FOR : (Name)
Executive Director
FROM: : (Name)
Hearing Officer
SUBJECT : FORMAL INVESTIGATION REPORT
DATE :
Transmitted herewith is the Formal Investigation Report in the case of (cite case title).
Likewise attached are the complete records with Table of Contents systematically and
chronologically arranged.
For your consideration.
ANNEX F-9
Extension of the Period for Rendition of Decision

th
(DATE)
MR. /MS. _______________

_______________________
(Complainant)
MR. /MS. _______________

_______________________
(Respondent)
Dear Mr. /Ms. ____________:
This refers to Administrative Case No. _________ dated ________, for (name of the offense),
wherein you are a party thereto.
Please be informed that due to (state the reason/s) the period within which to render a decision
as provided under our rules is hereby extended. After which a decision shall be rendered and
copies thereof shall be sent/transmitted to the concerned parties.
For your information and guidance.
Very truly yours,
EXECUTIVE DIRECTOR
Annex G-1
Decision
Department of Finance/Bureau of
Local Government Finance
Complainant,
ADM. CASE NO. BLGF-AC-___-____
– versus – FOR: OFFENSE
ABCDEF,
Provincial/City/Municipal Treasurer,
Municipality/City, Province,
Respondent. PROMULGATED: Date
x- --------------------x
DECISION
PREFATORY STATEMENT
____________________________________________________________________________
___________________________________________.
FACTS OF THE CASE

____________________________________________________________________________
____________________________________________________________________________
__________________________.
DISCUSSION/ARGUMENTS
____________________________________________________________________________
____________________________________________________________________________
___________________________________.
DISPOSITIVE PORTION
____________________________________________________________________________
________________________________________________.
Let copies of this decision be furnished all parties concerned and this Bureau advised
accordingly.
SO ORDERED.
By authority of the Secretary of Finance:
(NAME)
SOF/Executive Director
The Regional Director
Bureau of Local Government Finance
Department of Finance, Region II,
_________ City, Province
Complainant,
ADM. CASE NO. BLGF-AC-__-____
– versus – FOR: GRAVE MISCONDUCT
ABCDEF,
Provincial/City/Municipal Treasurer,
Municipality/City, Province,
Respondent. PROMULGATED: Date
x- --------------------x
DECISION
This refers to the Formal Charge dated July 13, 2009, for Grave Misconduct, filed by Regional
Director XYZ, BLGF Region X, ___________ City against Ms ABCDEF, Provincial/City
/Municipal Treasurer of Municipality/City, Province, which reads as follows:
“This Office has found that a prima facie case exists against you for the Offense
of Grave Misconduct, defined and penalized under Resolution No. 99-1936, dated
August 31, 1999 of the Civil Service Commission, otherwise known as the Uniform Rules
on Administrative Cases in the Civil Service, committed by travelling abroad as certified
by the Bureau of Immigration and Deportation (BID), copy attached, without securing the
proper authority from the Secretary of Finance, as required under Executive Order No. 6,
dated March 12, 1986, of the Office of the President as implemented by a Memorandum
of the Secretary of Finance on September 6, 1996.”
The facts of the case are as follows:
The travel information of Respondent as furnished by Mr. FGHI, Alien Control Officer, Bureau of
Immigration, Region II, disclosed that Respondent traveled to Hongkong for four times on June
8, 1995, February 16, September 22, and September 30, 1996. This information was verified by
BID-Manila.
On August 8, 2006, then BLGF Regional Director XYZ directed Respondent to submit her
written explanation anent her alleged travel abroad without securing the necessary authority to
travel from the proper authorities as required under applicable rules and regulations.
Instead of submitting an explanation, Respondent thru 1 st Indorsement dated August 14, 2006
sent a letter requesting certified true copies of the alleged travel documents. Moreover, thru 3 rd
Indorsement dated June 06, 2007, Respondent put in issue the authenticity of the records sent
to her as the same are mere photocopies.
On March 21, 2007, this Bureau directed the BLGF Region II Office to furnish Respondent
certified true copies of the alleged travel records to enable the latter to properly and intelligently
prepare an answer. Further, it directed said Office to submit an Evaluation Report on the
explanation of the Respondent.
On the basis of the Evaluation Report of the BLGF Region II Office dated July 4, 2007, vis-à-vis
the existence of a record/certification of foreign travels from the BID-Region II, Respondent on
July 13, 2009 was formally charged with Grave Misconduct.
In her Answer dated July 20, 2009, Respondent, among others, raised the following defenses:
“Second, she did not use government fund for her expenditures and that she
secured an approved leave of absence and most of her travels fall on Saturdays. Thus,
there was no damage and prejudice on the part of the government;
“Third, she was innocent or not aware of any law or regulation prohibiting travel
abroad without the approval of the Secretary of Finance,”
Respondent was charged of the administrative offense of Grave Misconduct for violating the
provision of Executive Order No. 06, dated March 12, 1986, of the Office of the President, as
reiterated and supplemented under Memorandum dated October 20, 1999 (Guidelines on
Foreign Travels) and Memorandum on “Ten (10) Working Day Lead Time Requirement in
Submitting Travel Proposals,” both from the Office of the President.
After a careful perusal of the entire records of the case, this Bureau finds no substantial
evidence to hold Respondent liable for the offense charged there being no sufficient evidence to
support the same. Indeed, Respondent admitted to have violated the said Order and Circulars
by not securing through this Bureau an approved authority to travel. Such act, however, does
not constitute Grave Misconduct.
In the cases of “In Re: Impeachment of Horilleno (March 20, 1922) and Landito vs. CSC, 223
SCRA 546,” the Supreme Court ruled:
“Misconduct is a transgression of some established and definite rule of action,
more particularly unlawful behavior or gross negligence by a public officer. It implies a
wrongful intention and not a mere error of judgment. “
“Grave vs. Simple – Grave Misconduct as distinguished from Simple Misconduct,
the elements of corruption, clear intent to violate the law or flagrant disregard of
established rule must be manifest.”
True, the failure of the respondent to secure an approved travel authority is a transgression of a
rule of action. However, the same cannot be characterized as unlawful behavior or gross
negligence by a public officer nor does it imply a clear wrongful intent to violate the laws.
Neither was there flagrant disregard of the rule because Respondent complied with other
requirements, i.e. application for leave, except for the authorization from this Bureau.
However, Respondent cannot be completely exonerated by the simple expediency of claiming

ignorance of the law or that said travels fell on Saturdays and that no pecuniary damage was
caused to the municipality. The fact is, she violated a definite rule of action. Also, Respondent’s
violation of the rule is aggravated by the fact that the same was committed not just once but four
times. The legal maxim “Ignorantia legis non excusat” still prevails. Ignorance or innocence of
the said requirement could not excuse the Respondent from any liability for to allow ignorance
of the law as an excuse, chaos will reign in an otherwise orderly administration of things.
WHEREFORE, premises considered, Respondent ABCDEF, Municipal Treasurer of ________,

_____________, is hereby found not guilty of the offense charged. She is, however, found
guilty of the offense of Simple Misconduct which pursuant to Section 52(B) (2), Rule IV of the
Uniform Rules on Administrative Cases in the Civil Service is punishable as follows:
1st Offense – Suspension 1 mo. 1 day to 6 mos.

2nd Offense – Dismissal
Accordingly, Respondent is hereby meted the penalty of one (1) month and one (1) day
suspension from the service without pay. In lieu however of suspension, the same is
converted into FINE equivalent to her one (1) month and one (1) day salary conformably with
Section 19, Rule XIV of the Omnibus Rules Implementing Book V of E.O. No. 292.
In this regard, the Regional Director, BLGF, Region II, is hereby ordered to ensure and monitor
Respondent’s payment of the herein penalty of FINE, and to submit a report thereon to this
Bureau. Respondent ABCDEF is further sternly warned that a repetition of the same or similar
acts shall be dealt with more severely.
Let copies of this decision be furnished all parties concerned and this Bureau advised
accordingly.
SO ORDERED.
By authority of the Secretary of Finance:
(NAME)
Executive Director
Annex G-2
Memorandum for the Implementation of the Decision
Including Payment of Backwages, if any

MEMORANDUM
TO : (NAME)
Regional Director, BLGF Region ___
FROM : (NAME)
Executive Director
SUBJECT : Entry of Judgment issued on (Date) by the

Court of Appeals, Manila, in CA-G.R. S.P. No. ____________
DATE :
This has reference to your letter dated ________, transmitting for appropriate action,
the letter dated ________ of Mr./Ms (Name of Treasurer), (Position), (LGU), requesting
for his/her reinstatement considering that the CA Decision dated ________ as modified
by the (date) CA Resolution has become final and executory. The aforesaid CA
Decision found Mr./Ms (Last Name of Treasurer) liable for (offense) with penalty of one
(1) month and one (1) day suspension instead of grave misconduct and conduct
prejudicial to the interest of the service as held under the (date) Decision in (case
numer). On the other hand, the CA Resolution dated ____________ reinstated Mr./Ms
(Last Name of Treasurer) to his/her former position as Provincial/City/Municipal
Treasurer, (LGU), without loss of seniority of rights, with full back wages from the time
the Suspension one (1) month and one (1) day have lapsed.
Accordingly, barring any other legal impediment, that Office is hereby directed to
reinstate Mr./Ms (Last Name of Treasurer) to his/her regular position as
Provincial/City/Municipal Treasurer, (LGU). Moreover, accomplish and submit the
Compliance Report thereto to the Secretary, Department of Finance, and this Bureau,
within three (3) days from receipt hereof.
Strict compliance is enjoined.

Annex G-3
Notice of Resolution/Decision with Proof of Service

Date:
FOR: (offense charged)
Mr./Ms (NAME OF TREASURER)

Provincial/City/Municipal Treasurer, LGU
NOTICE OF RESOLUTION/DECISION
Complaint on the (offense charged) against Mr./Ms (Name of

Treasurer), (Position)/Case Title
Dear Mr./Ms_____________:
Please take notice that a RESOLUTION of even date, copy enclosed, was rendered by the
Bureau of Local Government Finance in the above-entitled case, the original of which is on file
with this Office.
Please acknowledge receipt hereof.
Thank you.

Very truly yours,

(NAME)
Regional Director/Executive Director
____________________________________________________________________________
PROOF OF SERVICE
I have this day served upon Mr./Ms (Name of Parties), (Position), (Address), the herein
Resolution/Decision in the above cited case this ___ day of ____ 20__, at (place of service).
______________________________________
Signature over Printed Name of Serving Official
Received by:
Annex G-4
Compliance Report with
Certifications for Submission with the OMB

Address
COMPLIANCE REPORT
(Date)
RE: (case title), dated _______, and approved on _____________
FOR: (state the offense)
In compliance with the directive of the Executive Director, Bureau of Local Government
Finance, Manila, the following is the status of implementation of penalty imposed against
respondent:
Status of
Name of Penalty Implementation Date Penalty Reason for
Respondent Imposed Fully Not was Non-
Implement Implement Implemented Implementati
ed ed on
I hereby certify that I read the foregoing report and the contents therein are true and
correct on my own personal knowledge and authentic documents.
(NAME OF RD)
Regional Director
_______________________
Signature over Printed Name
Date/Time_______________

DOF Bldg., BSP Complex, Roxas Blvd., 1000 Manila
CERTIFICATION
TO WHOM IT MAY CONCERN:

This to certify that on __________ this Office received a copy of the Decision dated
________rendered by the Office of the Ombudsman in (case number) entitled (“case title,”)
the dispositive portion of which states:
WHEREFORE, (quote the dispositive portion of the Decision verbatim)
xxx
xxx
xxx
xxx
On _____________________, a copy of the Decision was served upon respondent

(NAME OF RESPONDENT). Respondent commenced service of her penalty of (state the
penalty in the imposed) on ___________.
______________________
(DATE SERVED)
____________________________________
Name, Position/Designation and Signature
(Authorized HR Officer of Implementing Agency)
Annex H-1
Order to Appear for Settlement
RE: Complaint filed by (Name of Complainant), (personal circumstance, address/LGU)

against Mr./Ms (Name of Person Complained of), (position/designation), (LGU) for
(offense committed)
TO : (NAME OF THE PERSON REQUIRED TO APPEAR)

(Position)
(Address)
ORDER TO APPEAR FOR SETTLEMENT
Pursuant to Section 59, Rule 11 of the 2017 RACCS and in view of the willingness of the person
complained of to submit the complaint for settlement, the parties are hereby directed to attend a
settlement proceeding on (date) at (time). Venue will be at the __________________.
SO ORDERED.
(date). (place of issuance).
Annex H-2
Compromise Agreement
COMPROMISE AGREEMENT OF PARTIES
This Agreement is entered into this ____ of _____ 20__, in the ____________, Philippines, by
and between:
____________________, of legal age, Filipino, and residing at

__________________________, hereafter referred to as the COMPLAINANT.
;
AND
____________________, of legal age, Filipino and residing at __________________________,

hereafter referred to as the PERSON COMPLAINED OF.
WITNESSETH, THAT:
WHEREAS, the complaint stemmed from the alleged non-payment of debt by the PERSON
COMPLAINED OF from the COMPLAINANT, which the PERSON COMPLAINED OF
acknowledged the existence of such indebtedness;
WHEREAS, in the comment the Person Complained of expressed the willingness to submit the
complaint for settlement;
WHEREAS, in an order dated ____, the parties were ordered to appear in a settlement
proceeding;
WHEREAS, after such dialogue and discussions, the parties mutually realized and deemed it
best and convenient to settle the case amicably;
WHEREAS, the parties agree to the following terms of settlement:
1.x x x;
2. (enumerate agreement/s);
3. x x x.
WHEREAS, this agreement was entered into by the parties voluntarily and without mistake,
fraud, violence, intimidation, undue influence or falsity of documents;
WHEREAS, the terms agreed upon are not contrary to law, morals, good customs, public order,
or public policy;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein established, the parties hereto agree as follows:
(copy the enumeration of agreements)
That in case of non-compliance by the Person Complained of with the compromise agreement,
the case may be reopened for investigation until its final determination.
Date:
____________________
____________________
Complainant
WITNESSES:
______________________ ______________________________
ATTESTED BY:
_______________________
Annex H-3
Decision Based on a Compromise Agreement
Provisionally Dismissing the Complaint
DECISION BASED ON COMPROMISE AGREEMENT
A complaint was filed against _______Complainant filed this case against respondent for
_____________________ pursuant to ______________ of the BLGF-MAC.
The parties, however, reached an amicable settlement and submitted to the court a
compromise agreement, the terms and conditions of which are as follows:
x x x (quote the terms and conditions of the compromise agreement)
x x x (mention provisional dismissal of the complaint)
It appearing that the agreement is not contrary to law, morals, good customs, public moral
and public policy, and pursuant to Articles 2028 3 and 20374 of the Civil Code of the Philippines,
the same is hereby APPROVED and ADOPTED as the Decision of this quasi-judicial body.
Wherefor, premises considered, the complaint filed against ________ is hereby dismissed
without prejudice for its reopening in case of noncompliance by the parties to the terms as
contained in the compromise agreement.
The parties are hereby ordered to faithfully comply with the terms and conditions
of the agreement.
_______________, ____________.
Presiding OfficeRegional
Director/Executive Director
Annex H-4
Order Terminating the Settlement Process
ABC
Assistant Municipal Treasurer
Allacapan, Cebu
x------------------ --x
Re: Complaint-Affidavit filed by DEF for alleged

Non-Payment of Just Debt
ORDER TERMINATING SETTLEMENT PROCEEDINGS
3
Article 2028. A compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to
one already commenced.
4
Article 2037. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in
compliance with a judicial compromise.
Pursuant to Section 60 (h), Rule 11 of the 2017 Rules on Administrative
Cases in the Civil Service (2017 RACCS), the settlement proceedings in the
abovementioned complaint is hereby terminated for failure of the parties to reach
a settlement agreement during the proceedings conducted for the purpose, held
on (date) at the Bureau of Local Government Finance, Regional Office No. ___,
___________ City.
For this purpose, the investigation of the complaint shall continue pursuant
to the applicable provisions of the 2017 RACCS.
SO ORDERED.
Complainant For: _____________________________
(date), ___________ City.
-versus –

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
(NAME)
ORDE
ANNEX H-5
(Order/ Violation of the Terms
Of settlement)
On 05 September 2020,____________ the parties agreed to settle this matter for which
a settlement proceeding was called for the purpose. Thereafter, the parties reached a
settlement agreement dated ______ containing the following terms and conditions: complainant
and the respondent came up with a settlement agreement which was duly approved in an order
dated__________.
1.
2.
3.
However, on 04 October 2020________, the complainant furnished the undersigned

with a motion to set the case for hearing for the reason that the respondent persont complaint of
reneged on his obligation under the said settlement agreement,which is hereunder qouted
hence:
(qoute the specific provision in the settlement)
The preceding circumstance demonstrates non-compliance to the terms of the

settlement which merits re-openning of the case pursuant tosquarely falls under Section 60 (i) of
the 2017 RACCS., stating, In case of non-compliance by the person complained of with
the Compromise Agreement, the case may be reopened for investigation until its final
determination.
In view of said non-compliance, the case is hereby reopened for investigation until its
final determination.
The foregoing considered, Order is hereby issued directing both parties to appear for the
continuance in the conduct of preliminary investigation on November 2, 2020 at 2 PM at the
Regional Office No. 2, Door 6, QUEEN BEE Building, San Fernando, Pampanga.
Wherefor, the case is now re-opened and shall proceed with the preliminary
investigation.
SO ORDERED.
This 04 October 2020_________________. San Fernando,
Pampanga_______________-.
SPECIAL INVESTIGATOR
Annex H-5
Order for the Reopening of Investigation
ABC
Allacapan, Cebu
x------------------ --x

ORDER
(Reopening of Investigation)
In view of the non-compliance by Mr./Ms ABC of the terms and

agreements of the Settlement Agreement dated _________ and executed
between the parties on (date) at the Bureau of Local Government Finance,
Regional Office No ___, _________ City, duly attested by Mr./Ms XYZ, and
provisionally dismissed under a Resolution dated ___________, the case is
hereby reopened for investigation until its final determination.
SO ORDERED.
(date), ___________ City.
Annex H-6
Resolution: Final Dismissal of a Complaint
Based on a Compromise Agreement
ABC
Allacapan, Cebu
x------------------ --x

RESOLUTION
(Final Dismissal of Complaint Based on Compromise Agreement)
For final Resolution is the Complaint filed in this Office by Mr./Ms DEF against Mr./Ms ABC for
alleged Non-Payment of Just Debt.
Finding the allegations to be purely personal on the part of the private complainant and the
person complained of, and there is no injury on the part of the government, both parties, upon
instance of this Office, agreed for a settlement agreement of the complaint pursuant to Rule 11 of
the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). During the
settlement proceedings called for the purpose on (date), both parties agreed to settle the
complaint amicably, and executed a Settlement Agreement dated ________, duly attested by the
Mr./Ms XYZ. Thereafter, a Resolution dated _______ ordering the provisional dismissal of the
complaint pending compliance by both parties of the terms and agreements as contained in the
said Settlement Agreement.
In a letter dated _______ of Mr./Ms ABC, he/she informed this Office that the total indebtedness
of (insert amount) (Php______) has been fully settled in compliance with the terms and
agreements as contained in the settlement agreement previously executed between the parties.
WHEREFORE, premises considered, the complaint filed by Mr./Ms DEF against Mr./Ms ABC for
Non-Payment of Just Debt is hereby dismissed with finality.
SO ORDERED.
(Date), ________ City.
Annex I-1
Resolution on Dropping from the Rolls
Notice of Separation (c/o Admin)
Annex I-2
Memo to RO for the Implementation of the
Resolution on Dropping from the Rolls

MEMORANDUM
FOR : (NAME)
Regional Director, BLGF Region
FROM : (NAME)
Executive Director
SUBJECT : Dropping from the Rolls of _______________________
DATE :
This pertains to the letter-request dated ________________, of ________________,

_________________, and the letter-concurrence dated _______________ of that Office,
recommending that __________________, ____________, ____________, be dropped from the rolls
due to her continuous absence from work since ____________, without an approved leave of
absence, as shown from the Certification dated _____________ by ____________, an act which is
gross violation of the rules and regulations for the Civil Service Commission.
Foregoing considered, and in accordance with Item 11.4.3 of the Department Special Order (DSO)
No. 001.2018, dated 09 November 2018, and after finding that there was indeed gross violation of
CSC rules and regulations committed by __________, it is informed that she has been dropped from
the rolls pursuant to Section 107 (a)(1), Rule 20 of the 2017 Rules on Administrative Cases in the
Civil Service (RACCS) effective __________________.
Accordingly, that Office is hereby instructed to serve a copy of the Bureau’s notice of dropping from
the rolls, copy enclosed, to __________________ or to her nearest of kin. Further, that Office is
directed to coordinate with ____(LCE)______.
Report of action taken thereon within three (3) days from receipt hereof is requested.
Annex I-3
Letter to the Concerned Treasurer/
BLGF Personnel of the Dropping from the Rolls

Mr./Ms ________________
(Position)______________
(Office)________________
NOTICE OF SEPARATION
Dear Mr./Ms _______________:
This has reference to your continuous absence from work as ____________, __________, since
_____________, without an approved leave of absence, as shown from the Certification issued on
_______________ by the _________________ an act which is a gross violation of the rules and
regulations of the Civil Service Commission (CSC).
Section 107 (a)(1), Rule 20 of the Rules on Administrative Cases in the Civil Service (RACCS)
provides, to wit: (dependent upon the grounds)
“Section 107. Grounds and Procedure for Dropping from the Rolls. Officers and
employees who are absent without approved leave, have unsatisfactory or poor
performance or have shown to be physically and mentally unfit to perform their duties
may be dropped from the rolls within thirty (30) days from the time a ground therefor
arises subject to the following procedures:
a. Absence without Approved Leave
1. An officer and employee who is continuously absent without official leave

(AWOL) for at least thirty (30) may be dropped from the rolls without prior notice
which shall take effect immediately. xxx”
Foregoing considered, and in accordance with Item 11.4.3 of the Department Special Order
(DSO) No. 001.2018, dated 09 November 2018, and considering your gross violation of CSC
rules and regulations committed, you are hereby DROPPED FROM THE ROLLS pursuant
to Section 107 (a)(1), Rule 20 of the 2017 RACCS effective _________________.
(NAME)
Executive Director
Annex I-4
Letter to CSC of the Dropping from the Rolls

th
CHAIRPERSON (NAME)
Civil Service Commission
Batasan Hills, Quezon City 1126
Subject: Dropping from the Rolls of ___________________,

_______________________, __________________
Dear Chairperson _______________:
This has reference to the letter-request dated ________________, of ________________,

_________________, requesting that __________, ___________, same municipality, be
dropped from he rolls due to his/her continuous absence from work since ____________,
without an approved leave of absence, as shown from the Certification dated
_____________ by ____________, an act which is gross violation of the rules and
regulations for the Civil Service Commission (CSC).
Foregoing considered, and in accordance with Item 11.4.3 of the Department Special Order
(DSO) No. 001.2018, dated 09 November 2018, and after finding that there was indeed
gross violation of CSC rules and regulations committed by __________, it is informed that
she has been dropped from the rolls pursuant to Section 107 (a)(1), Rule 20 of the 2017
Rules on Administrative Cases in the Civil Service (RACCS) effective
__________________.
Thank you
Very truly yours,
NIŇO RAYMOND B. ALVINA

Executive Director
Annex I-2
Resolution on Protests

th
Name of the Protestee

Position
Office
Re: Protest on the Promotional Appointment

to the Position of _____________, ____________
x------------------------------------------------------------------------------x
RESOLUTION
This RESOLVES the letter-protest dated ___________, filed by _____________,

(position), (office), against the promotional appointment of ____________________, as
_______________. The appointment was issued on _________ and _(protestee)_______
assumed the functions of the position on ____________.
In support of the protest, ________ alleges the following:

1. ___________________________________
2. ___________________________________
Considering the attendant facts and applicable CSC rules, the herein protest is not
impressed with merit.
Requisites of a valid protest
Section 895, Rule 18 of the 2017 Rules on Administrative Cases in the Civil Service
(RACCS) provides the two requisites of a valid protest, to wit:
1. only a qualified next-in-rank official or employee may file a protest; and
2. the protest must be filed against an appointment made in favor of another
who does not possess the minimum qualification requirements.
5
Section 89. Protest; Who May File. Only a qualified next-in-rank official or employee may file a protest against an appointment
made in favor of another who does not possess the minimum qualification requirements.
(Discussions)
WHEREFORE, foregoing premises considered, the herein protest is

____________________
Copies of this Resolution shall be furnished the (office of the protestee and protestant),
for reference and appropriate action.
(date of signing), Bureau of Local Government Finance, Manila, Philippines.
NIÑO RAYMOND B. ALVINA

Executive Director
Copy furnished:
LCE/RD
Office
email
Protestant
Office
email
Protestee
Office
email
SOF
Department of Finance, Manila
via (email)
ANNEX J
Motion for Extension of Time
(Name of the Person Charged)

Re:
(Appeal)
x-----------------------x
MOTION FOR EXTENSION OF TIME TO FILE COMMENT
Undersigned, in his/her capacity as the Executive Director of the Bureau of Local

Government Finance (BLGF), unto this Honorable Office, respectfully requests that it be given
an extension of time to file Comment.
On (date of receipt), this Bureau, through its Records Division, received a copy of the
Order dated 05 April 2019 from that Honorable Office, directing the filing of Comment within five
(5) days from receipt thereof, or until (date/deadline).
For lack material time due to pressures of equally pressing engagements, and in order
that the undersigned may be able to present an intelligent answer on the allegations in the
appeal, it is most respectfully requested that he be given an extension of (number of days for
extension) days, or until (last day of extension date), to submit the required Comment.
This request is not intended to delay the efficient administration of justice and is
executed in the interest of the service.
IN WITNESS WHEREOF, undersigned set his hand this (date of signing/preparation

of the pleading) at Manila, Philippines.
(NAME)
Executive Director
EXPLANATION
(Pursuant to Section 11, Rule 13, New Rules of Civil Procedure)
The foregoing Motion is being served by registered mail, personal service not
being practicable due to lack of courier service.
(Name)
Executive Director
ANNEX M
Letter Seeking Assistance of OSG
Date
Solicitor General
Office of the Solicitor General
134 Amorsolo Street, Legaspi Village
Makati City
RE: Case Title
Dear Solicitor General (LAST NAME OF SG):
This is in reference to our letter dated _________, respectfully requesting legal representation
from your Office in relation to the above-cited case.
In this connection, we are transmitting the following pertinent documents for your reference, to
wit:
1. Notice of Resolution in (Case Number) dated __________ rendered by the Court of

Appeals (Special ___ Division);
2. Manifestation with Urgent Reiterative Motion for Issuance of Writ of Preliminary

Injunction in (Case Number) dated _________ filed by Counsel for Petitioners; and
3. Omnibus Motion for Reconsideration with Compliance and Motion to Drop

Public Respondents in (Case Number) dated ___________ filed by Counsel for
Petitioners.
Thank you for your kind attention and continued support.
Very truly yours,
(NAME)
Executive Director
ANNEX N
Comment to CSC
REPUBLIC OF THE PHILIPPINES

CIVIL SERVICE COMMISSION
Constitution Hills, Quezon City
(NAME OF THE RESPONDENT)

Re: Dropping from the Rolls/Protest
(Appeal)
(Case #)
x--------------------x
COMMENT
(to Appeal Memorandum)
The undersigned respectfully submits the herein Comment to the Appeal Memorandum
filed by (Name of Counsel), on behalf of his/her client, Appellant (Name of Respondent),
(Position/Designation), Municipality of _________, (Province), praying that herein Appellant be
(statement of the prayer).
Specifically, Appellant alleges that:
1. The grounds relied upon by this Bureau in dropping Appellant from the rolls finds
no factual and legal basis; and
2. The dropping from the rolls of Appellant from the payroll is without due process
and constitutes constructive dismissal.
PREFATORY STATEMENT
It is a well settled rule that 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. 6 Let it not be
forgotten that this rule has been laid down by no less than our Constitution to serve as a guide
and standard to our civil servants.
FACTS OF THE CASE
The pertinent facts of the case are as follows:
6
Section 1, Article XI, 1987 Constitution of the Republic of the Philippines
1. 5 March 20157 – Mayor XYZ recommended to then OIC Regional Director FGHIJ,
BLGF Region X, that Appellant be dropped from the rolls due to her continuous
absence from work from 14 April 2014;
2. 7 December 20158 – Mayor XYZ made a follow-up relative to his recommendation to

drop Appellant from the rolls;
3. 11 January 20169 – Then OIC Regional Director FGHIJ, BLGF Region X, submitted
a Report dated 29 December 201510, relative to the continuous absences of
Appellant and recommended her dropping from the rolls;
4. 22 July 201611 – OIC Regional Director FGHIJ forwarded to the BLGF Central Office
the Certifications from the Office of the Municipal Treasurer 12 and Office of the
Municipal Assessor13, all of Municipality of BBBB, certifying that Appellant has not
reported to work since 14 April 2014;
5. 1 March 201714 – Subsequently, then OIC Regional Director KLMNO, BLGF Region
X, through an Indorsement, forwarded to the BLGF Central Office the
abovementioned Indorsement dated 22 July 2016 and the letter dated 11 January
2016 of Director KLMNO, relative to the recommendation of Mayor XYZ to drop
Appellant from the rolls;
6. 10 October 201715 – In view of the abovementioned recommendation of Mayor XYZ

and the Regional Directors of BLGF Region X, and the Certification of the Office of
the Human Resources Management of BBBB 16 Appellant was ordered dropped from
the rolls by this Bureau;
7. 1 December 201717 – Appellant filed her Petition for Restoration to Full Duty Status
or Reinstatement in the Rolls alleging the issue of constructive dismissal in the
herein Appeal Memorandum; and
8. 18 February 201918 – This Bureau resolved to deny the Petition of Appellant for want
of jurisdiction and lack of merit.
Hence, this Appeal.
DISCUSSIONS/ARGUMENTS
7
Annex A
8
Annex B
9
Annex C
10
Annex D
11
Annex E
12
Annex F
13
Annex G
14
Annex H
15
Annex I
16
Annex J
17
Annex K
18
Annex L
I. Dropping from the Rolls Without Factual and Legal Basis
Appellant alleged that the grounds relied upon by this Bureau in dropping her from the
rolls due to Absence Without Official Leave (AWOL) finds no factual and legal basis because
there was no proof that she voluntarily refused to work or abandoned her post citing
Commission on Appointments vs. Paler19 and Palmera vs. CSC20.
This Bureau maintains that the Order dropping Appellant from the rolls was with factual
basis and supported by documentary evidence. As clearly mentioned in the Order of dropping
and the Resolution to the Petition for Restoration to Full Duty Status or Reinstatement in the
Rolls of Appellant, she was dropped from the rolls upon the recommendation of the local chief
executive of the Municipality of BBBB, CCCC , and the Regional Directors of BLGF Region X,
who were in a position to determine the factual circumstances of the situation, and certified by
the Office of the Human Resources Management of the said municipality, who, under the CSC
rules, is duty-bound to monitor employee attendance, and the Municipal Treasurer and
Assessor thereat, under whom Appellant was assigned/detailed.
Moreover, said Order dropping Appellant from the rolls was with legal basis. As stated in
the said Order, Appellant was dropped from the rolls pursuant to Section 93 (a) of the CSC
Revised Rules on Administrative Cases in the Civil Service (RRACCS), to wit:
“xxx… An officer or employee who is continuously absent without official

leave (AWOL) for a least thirty (30) working days shall be separated from
the service or dropped from the rolls without prior notice.
xxx.”
Further, Appellant averred that to constitute AWOL, the absence must be unjustified,
and abandonment must be proved. However, the abovementioned CSC rules merely provides
that officers or employees without approved leave may be dropped from the rolls which shall
take effect immediately. In the case of Appellant, NO approved leave of absence (LOA) was
presented that would controvert the fact of AWOL.
Likewise, Appellant asserted that she was declared AWOL without proof of refusal or
abandonment of work. For emphasis, nowhere in the Order of dropping did this Bureau claim
that Appellant was dropped from the rolls because of refusal to work or abandonment; hence, it
has obligation to adduce proof to said effect. It is, thus, incumbent upon the Appellant to adduce
evidence to support her allegation of non-refusal and abandonment of work.21
Furthermore, the cases cited by the Appellant are not applicable to the instant case.
Paler v. CSC is not on all fours with the Appellant’s case considering that Paler was able to
prove that he filed LOAs, only that it was unacted and disapproved. On the other hand, other
than mere assertion of rejected or refused applications, Appellant was not able to adduce
evidence that indeed she filed LOAs, whether the same were unacted or disapproved. Neither is
Palmera vs. CSC applicable, as the case pertains to alleged abandonment due to acceptance of
temporary assignment and not due to dropping from the rolls.
19
G.R. No. 172623, March 3, 2010
20
G.R. No. 110168, August 04, 1994
21
Marcelo v. Bungubung, G.R. No. 175201, April 23, 2008
II. Dropping from the Payrolls of Appellant is Without Due Process
and Constitutes Constructive Dismissal
The issue of dropping from the payrolls of the Appellant is within the responsibility of
the Office of the Human Resource Management, and the Offices of the Municipal Treasurer and
Assessor of BBBB, CCCC, under whom the Appellant was assigned/detailed. Hence, Appellant
should have timely contested her alleged dropping from the payrolls without due process before
said officers. Appellant cannot now question the same after several years from being dropped
from the payrolls.
Moreover, as stated in the facts of the case, the allegation of constructive dismissal was
discussed in this Bureau’s Resolution on the Petition for Restoration to Full Duty Status or
Reinstatement in the Rolls filed by the Appellant. We quote:
“xxx…Constructive Dismissal
xxx… In her Petition, the arguments presented by Marcial are factual in

nature which she failed to sufficiently substantiate with evidence. She
averred that she was the subject of demeaning actuations and constant
abuse, and was prevented from reporting to office which amount to her
constructive dismissal.
Constructive dismissal is defined as a cessation of work because continued

employment is rendered impossible, unreasonable or unlikely. Similarly, there is
constructive dismissal when an employer's act of clear discrimination,
insensibility or disdain becomes so unbearable on the part of the employee so as
to foreclose any choice unbearable on the part of the employee so as to
foreclose any choice on his part except to resign from such employment. The
standard for constructive dismissal is whether a reasonable person in the
employee's position would have felt compelled to give up his employment under
the circumstances.
In the present case, ABCDE was continuously absent from work without official
leave since 14 April 2014, as shown from the Certification issued on 26 May
2017 by the Office of the Human Resources Management of the Municipality.
These facts and evidence do not establish a case that ABCDE was
unreasonably dismissed from employment. Aside from mere assertion, she
failed to adduce corroborative and competent evidence to substantiate her
conclusion that she was constructively dismissed. Thence, in the absence
of any showing of an overt or positive act proving her constructive
dismissal, ABCDE’s claim cannot be sustained as the same would be self-
serving and of no probative value. xxx.” (emphasis supplied)
Consequently, constructive dismissal not being proved, a discussion on the issue of

reinstatement without loss of seniority rights and with full back wages and other monetary
benefits due the Appellant is no longer necessary.
PRAYER
Premises considered, the undersigned respectfully prays that the Honorable

Commission DENY the herein Appeal and declare the dropping from the rolls of Appellant
________ in order.
Manila City, Philippines, (Date of signing).
Executive Director
EXPLANATION
(Pursuant to Section 11, Rule 13, New Rules of Civil Procedure)
The foregoing Comment is being served by registered mail, personal service not being
practicable due to lack or courier service.
Executive Director
Cc: NAME OF COUNSEL

Office Address

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H.

ANNEX A-1: Show Cause Memorandum

TO : (Name of Person Complained of)

FROM : (Name of ED)

SUBJECT : Show Cause Memorandum for (allegations/offense committed)

For strict compliance.

TO : (Name of Person Complained of)

FROM : (Name of Executive Director/Name of Regional Director)

SUBJECT : Letter-Complaint dated _______of (Name of Complainant) for (Offense)

“xxx (quote verbatim the allegation in the complaint/letter)

For strict compliance.

TO : (Name of Person Complained of)

FROM : (Name of Executive Director/Name of Regional Director)

SUBJECT : Letter-Complaint dated _______of (Name of Complainant) for (Offense)

“xxx (quote verbatim the allegation in the complaint/letter)

For strict compliance.

Republic of the Philippines

In this connection, that Office is hereby directed to conduct a preliminary investigation on

Likewise, a Resolution with recommendation thereon should be prepared and submitted

Mr./Ms (NAME OF COMPLAINANT)

Re: Complaint Against (Name of Person Complained of),

Dear Mr./Ms (Last Name of Complainant):

This pertains to the letter-complaint/complaint-affidavit dated __________ which you filed

a. Full name and address of the complainant;

Very truly yours,

Bureau/Regional Personnel Order No. _________

In the exigency of the service and pursuant to Rule 4 (Preliminary Investigation)

Name Position Designation

For strict compliance.

(Name of the ED/Name of the RD)

MR. /MS. _______________

MR. /MS. _______________

Dear Mr. /Ms. (Last Name of Complainant):

This refers to the affidavit/letter-complaint dated _____________ filed by (name of complainant)

For the information and guidance of all concerned.

Very truly yours,

EXECUTIVE DIRECTOR/REGIONAL DIRECTOR

RE: Complaint/Case for _____________

ORDER FOR CLARIFICATORY HEARING

Thereafter, the instant complaint/case shall be deemed submitted for resolution/decision

(BLGF Office Address), (Date).

SUBPOENA DUCES TECUM

Fail not under penalty of law.

Issued (date). (place).

RE: Complaint filed by (Name of Complainant), (personal circumstance, address/LGU)

TO : (NAME OF THE PERSON REQUIRED TO APPEAR AND TESTIFY)

Fail not under penalty of law.

(Name of Person Complained of)

________ is hereby directed to submit his answer/comment/pleading within a non-

(BLGF Address) (Date).

IN RE : (Name of the person complained of)

FOR: (Alleged Violation/s)

PRELIMINARY INVESTIGATION REPORT

For Preliminary Investigation is the Complaint-Affidavit filed by (Name of the

FACTUAL ANTECEDENTS OF THE CASE

DOCUMENTARY EVIDENCE SUBMITTED BY THE COMPLAINANT

PERSON COMPLAINED OF EXPLANATIONS/DEFENSES

FINDINGS AND EVALUATION OF THE FACTS AND EVIDENCE

WHEREFORE, foregoing premises considered, it is hereby recommended that

CITY/MUNICIPALITY AND PROVINCE. DATE.

FOR: SIMPLE DISCOURTESY IN THE

FORMAL INVESTIGATION REPORT

Bureau Order No.. ___

Mr./Ms. _ FOR: ________________

Mr./Ms. _ FOR: ________________