Sample Formal Charge Grave Misconduct

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OFFICE OF THE CITY MAYOR

Maria
Local Revenue Officer I
Office of the City Treasurer

RE: Grave Misconduct; Serious Dishonesty; and


Conduct Prejudicial to the Best Interest of the Service

Administrative Case No: _______________________


(City Government of Puerto Princesa)
x----------------------------------------------------------------------x

FORMAL CHARGE
On September 20, 2022, this Office received the letter dated September 20, 2022 of
Mr. Juan, Administrative Officer V of the City Treasurer’s Office, regarding the case
of the unremitted collections of Local Revenue Officer I, Maria in the total amount of
Eight Hundred Twenty-Nine Thousand Six Hundred Twenty-five Pesos
(₱829,625.00).
This Office indorsed the case to the City Legal Office for investigation.
On November 14, 2022, the City Legal Office issued a show cause order, directing
Maria to submit her comment/explanation/ counter-affidavit.
In compliance with the show cause order, Maria submitted a letter on December 5,
2022, stating that she was scammed by an online lending group and was forced to
borrow from her collections to pay her debts. She likewise said that she will return the
money as soon as possible.
After Preliminary Investigation Conducted by the City Legal Office, it was
determined that a prima facie case exists against Maria for Grave Misconduct, Serious
Dishonesty, and Conduct Prejudicial to the Best Interest of the Service committed as
follows:
1. That from August 9, 2022 to August 23, 2022, Maria failed to remit
and misappropriated her collections in the total amount of Eight
Hundred Twenty-Nine Thousand Six Hundred Twenty-five Pesos
(₱829,625.00) covered by the following official receipts:
Official Receipt Date Issued Amount
Number
2277251-259 08/09/22 ₱ 24,225.00
2277260-300 08/10/22 ₱ 84,535.00
2277401-402 08/10/22 ₱4,000.00
2277403-438 08/11/22 ₱73,050.00
2277439-450 08/12/22 ₱26,750.00
2277501-525 08/12/22 ₱ 67,950.00
2277526-550 08/13/22 ₱ 51,925.00
2283301-320 08/13/22 ₱ 38,350.00
2283321-350 08/14/22 ₱ 73,225.00
2283201-207 08/14/22 ₱ 29,750.00
2283208-250 08/15/22 ₱ 104,775.00
2283076-082 08/19/22 ₱ 30,180.00
2283083 08/18/22 ₱ 5,050.00
2283084-100 08/22/22 ₱ 36,775.00
2288451-490 08/21/22 ₱ 29,860.00
2288491-500 08/22/22 ₱ 8,140.00
2288601-608 08/22/22 ₱ 6,360.00
2288609-650 08/23/22 ₱ 24,750.00
2288551-583 08/22/22 ₱ 78,150.00
2288584-600 08/23/22 ₱ 31,825.00
TOTAL ₱ 829,625.00

2. Maria tried to conceal the misappropriation of her collections by


deliberately making gaps in the sequence of her submission of
receipts.
3. The misappropriation and dishonesty committed by Maria tarnishes
the image and integrity of the City Treasurer’s Office.
WHEREFORE, Maria is hereby FORMALLY CHARGED with Grave Misconduct,
Serious Dishonesty, and Conduct Prejudicial to the Best Interest of the Service.
Accordingly, she is given five (5) days from receipt of this FORMAL CHARGE, to
submit her answer under oath, together with her documents or pieces of evidence and
affidavits of witnesses, if any, to support the same. In her Answer she should indicate
whether she elects a Formal Investigation or waives the same. She is likewise notified
that she may opt to be assisted by counsel.
To prevent Maria from exerting undue influence or pressure on the witnesses and/or
from tampering with the records in her office, she is hereby placed under
PREVENTIVE SUSPENSION WITHOUT PAY for a period of SIXTY (60)
DAYS, effective upon her receipt hereof.
SO ORDERED.
January 16, 2023. ________ City, Philippines.
MAFL
Theta Chi- APO
Attachments:
1. Preliminary Investigation Report
2. Letter indorsement of Juan dated September 20, 2022.
3. Show Cause Order dated November 14, 2022.
4. Letter-reply of . Maria dated November 15, 2022 and submitted to the CLO on
December 5, 2022.
5. Office Memorandum No. 015-2022.
6. Audit Results rendered by Pledgee, Fiscal Examiner I, dated September 1, 2022
7. Demand Letter- Cash Shortage dated September 1, 2022
8. Office Memorandum No. 026-2022.
9. Letter reply of Maria dated September 6, 2022.
10. Letter Reply of Pedro dated September 5, 2022.
11. Office Memorandum No. 025-2022.
12. Letter Reply of Juan, Mr. Bert, and Ms. Berta dated September 5, 2022.
13. Final Demand Letter – Cash Shortage dated September 8, 2022.

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