Pre-hearing Conference
Preliminary Matters:
Consider and agree on the ff.:
Call the case -> ask for appearances -> proceed with the reception
a. Submission of the case for resolution based on position
papers/memoranda of the parties without any need for further
hearings
b. Stipulation of facts
c. Simplification of issues
d. Waiver of objections to admissibility of evidence
e. Limiting the number of witnesses and their name
f. Dates of subsequent hearings
g. Such other matters as may aid in the prompt and just
resolution of the case (such as marking of evidence)
Hearing Proper
of evidence for the complainant
Order of hearing:
Prosecution or Private Complainant presents witnesses
(witnesses shall identify their affidavits and certify that they
were executed truthfully, voluntarily and without any promise
of reward or threat of punishment; state the purpose of
testimony) -> answer written interrogatories in lieu of cross-
examination -> oral formal offer of its documentary evidences
(states the purpose of such evidence; adverse party may then
comment or object* orally or in writing) -> FIC issues an Order
in open court as to W/N it shall admit or reject the
documentary evidence being offered -> Respondent presents
witnesses following the same process
*objections shall be sustained when it is not deemed material
and relevant to the case; otherwise, it shall be overruled
PROCEDURE IN AN ADMINISTRATIVE CASE FILED AGAINST A TEACHER
Complaint filed with RD
Ex parte examination of
records and documents of the
FFIC
Within 5 days from receipt of
respondent's Answer, RD
issues Order creating a Formal
Investigation Committee
Hearing Proper**
within 5 days from receipt of
Dismiss / RD appoints
appoint of the FFIC: RD Order
investigators as Committee to
respondent to submit Clarificatory Hearing may be
conduct Fact-Finding
Counter-Affidavit/Comment conducted by the FFIC
Investigation or PI within 10
within 3 days from receipt of
days
Order
FFIC makes the Investigation RD directs respondent to
Report to be submitted to RD submit answer or additional
IF there is PRIMA FACIE CASE,
within 5 days from evidence in not less than 72
RD issues Formal Charge
termination of preliminary hours from receipt of the
investigation Formal Charge
FIC holds the Formal
Investigation not earlier than FIC issues Order reciting in
FIC conducts Pre-Hearing
5 days nor later than 10 days detail matters taken up in the
Conference*
from receipt of Order Pre-Hearing Conference
constituting the Committee;
Within 15 days after the
conclusion of the Formal
Investigation: FIC submits
RD renders decision.
Formal Investigation Report to
the RD (without furnishing the
parties of a copy thereof)