1. The Administrative
Disciplinary Process

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

3. Nature
Not adversarial

4. Powers Used in Investigations
Interrogation of
Witnesses
Swearing of Witnesses
Issuance of
Subpoena
Inspection of Premises

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

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

7. CSC Resolution No. 1101502
November 8, 2011

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

9. Certification of non-forum shopping
Certified copy of documentary evidence
and affidavits of witnesses
Narration of relevant and material facts
Full name and address of person/s
complained of; position/s; and, office/s
Full name and address of the complainant

10. Anonymous Complaint

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

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

13. Stages
Preliminary
Investigation
Formal
Investigation
Appeal

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

15. Who conducts the Investigation?
Disciplining authority
Authorized representative

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

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

18. Preliminary Investigation
Inquiry or proceeding
undertaken to determine the
existence of prima facie
case to warrant the issuance
of a formal charge

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

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

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

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

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

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

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

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

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

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

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

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

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

33. Preventive Suspension
Pending Investigation
NOT a penalty

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

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

36. If respondent is on authorized leave
preventive suspension shall be
deferred or interrupted until
such time that said leave has
been fully exhausted.

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

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

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

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

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

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

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

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

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

46. Preventive Suspension
Pending Appeal
Actually
punitive

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

48. Effect of Affirmation of Conviction
The period of suspension becomes
part of the final penalty of
suspension or dismissal.

49. Formal
when the merits of the case
cannot be decided judiciously
without conducting such
investigation
when the respondent elects to have one

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

51. Submission of Position
Paper/Memorandum
at any stage of the proceedings
based on the mutual consent of the parties
submit the case for resolution
without any need for further
hearings (n)

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

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

54. Agreement during the PHC
binding on both parties

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

56. Resolve objections
Resolve oral motions
Adjourn

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

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

59. Order of Hearing
prosecution
respondent
Presentation of rebuttal/surrebuttal evidence
unless the hearing officer
directs otherwise

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

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

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

63. Decision
Finding of facts
evidence to support the
finding or conclusion
evidence must be
substantial

64. SUBSTANTIAL EVIDENCE
Such relevant evidence as a
reasonable mind might accept as
adequate to support a
conclusion.

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

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

67.  Simple Misconduct resulting from
misunderstanding/fight between the
respondent and complainant provided the
act is not committed within office premises
 Discourtesy in the course of official duties
 Other analogous circumstances/cases

68. Aide Memoire
Administrative investigations shall
be conducted without necessarily
adhering strictly to the technical
rules of procedure and evidence
applicable to judicial proceedings.

69. End of Session