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ADMINISTRATIVE

DISCIPLINARY PROCESS

ATTY. GILBERT R. HUFANA


Professor, DMMMSU College of Law
Administrative proceedings may be
commenced against a subbordinate officer
or employee by the Secretary or the Head
of Office or its 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 1997)
Complaint sufficient in form
in substance

PCO will be ordered to


submit COUNTER-AFFIDAVIT
or COMMENT
within 3 days from receipt
of order
Preliminary Formal
Appeal
Investigation Investigation
PURPOSE:
To ascertain the truth without necessarily
adhering to technical rules applicable in
judicial proceedings
Disciplining authority
Authorized representative

person or committee
Inquiry or proceeding undertaken to
determine the existence of a prima facie
case to warrant the issue of a formal
charge
To secure the innocent against hasty, malicious and
oppressive prosecution.
To protect him from open and public accusation.
To protect the state from useless and expensive
prosecution.
For the disciplining authority to determine whether a
prima facie case exist to warrant the issuance of a formal
charge
shall commence not later than 5 days
from receipt of complaint
shall be terminated within
20 days thereafter
Specification of Charge(s)
A brief statement of material or relevant
facts with certified true copies of the
documentary evidence, if any

Sworn statement of witnesses


A directive to answer the charge(s) in
writing under oath in not less than seventy
two hours from receipt
An advise to indicate in the answer
whether he/she elects a formal
investigation
A notice that he/she may opt to
be assisted by a counsel of
his/her own choice
issued in instances when the complaint
was initiated other than the disciplining
authority
Charges against the PCO with a
statement that a prima facie exists

A directive to answer the charge(s) in


writing under oath in not less than seventy
two hours from receipt

A notice that he/she may opt to be


assisted by a counsel of his/her own
choice

A directive to answer the charge(s) in


writing under oath in not less than seventy
two hours from receipt
In writing

Under oath

specific

Shall contain material facts and


applicable laws, if any

Includes documentary evidence


and sworn statement of witnesses
When the respondent
elects to have one
FORMAL
Either through a trial-
type manner

When the merits of the case


cannot decided judiciously
without conducting such
investigation
or merely the submission of
position paper
Not earlier than 5 days
nor later than 10 days
from date of receipt of
the answer

Shall be finished within 30 days from filing of the


charges unless the period is extended by the
disciplining authority in meritorious cases
At any stage of the proceedings
Based on the mutual consent of
the parties

Upon submission of
the same, submits the
case for resolution
without need for further
hearing
Stipulation of facts
Simplification of Issues
Limiting the number of
witnesses
Identification & marking of
evidence
Date of Hearings
Done at the commencement Waiver of objections to
of the formal investigation admissibility of
Such other matter that will aid
in the prompt disposition of
the case
(1) Call the case

(2) Appearance of Counsel

(3) Hearing
proper: take
note of the
order of hearing

(4) Order of the Hearing Officer


Prosecution
first

Then
Respondent
Shall be submitted
to the disciplining
authority within 15
days after the
Narration of facts established during conclusion of the
the investigation
formal investigation
Evidence supporting said findings
Recommendation(s)
DISCIPLINING

Renders Decision within 30


days from receipt of the
Report of Investigation
A Motion for
Reconsideratio
n can be had
from the
decision of
each court
before an
appeal can be
taken to the
higher court.