COMPLAINT
Initiated by:
o Disciplining Authority ( Motu Propio); or
o Any other person via complaint
CHECKLIST OF DOCUMENTARY REQUIREMENTS PROCEDURES
DOCUMENT NO. OF WHERE TO SECURE COMPLAINANT AGENCY FEES TO BE PERSON
COPIES ACTIONS PAID RESPONSIBLE
Show Cause Order # Submit the Check the Notary Receiving staff
(in cases initiated by documentary documents
the proper disciplining requirements
authority or an properly bound, If
authorized
arranged, labeled complete,
representative)
and paged. will receive
Complaint-affidavit # Complainant / witness/es
the
+ affidavit/sworn
documents
statement of
witness/es
If
incomplete
Must be subscribed
, will return
and sworn to by the
all
complainant (under
documents
oath/notarized)
Receive the duly Complainant
stamped/receive
d copy of the
Supporting #
submitted
Documents
documents
(Evidence)
e.g. Hospital
medical
certificate
e.g. death Philippines Statistics Authority
certificate
SETTLEMENT IN ADMINISTRATIVE CASES
PRELIMINARY INVESTIGATION
Fact finding to determine if a prima facie case exists
CHECKLIST OF DOCUMENTARY REQUIREMENTS DURATION PROCEDURES
DOCUMENT NO. OF WHERE TO AGENCY ACTIONS PERSON
COPIES SECURE RESPONSIBLE
COMPLAINT FILED BY Receiving Staff submits the documentary Receiving staff
ANYONE: requirements to the proper disciplining authority
counter # Person within five (5) Issuance of Show Cause Order (Atty. Neil-San
affidavit or complained of days from G. Patag)
comment receipt of the Hearing; or
and/or other complaint Amicable settlement
documents
COMPLAINT o Signatory (Atty. Neil-San
INITIATED BY G. Patag)
DISCIPLINING
AUTHORITY o Recommending Approval (NAME)
show cause # Discipling Within five (5) Ex-parte evaluation of records; or
order authority or days Clarificatory meeting with the parties to discuss
authorized the merits of the case
representative
THE PERSON COMPLAINED OF MAY MOVE FOR THE
SETTLEMENT OF THE COMPLAINT ANYTIME BEFORE THE
ISSUANCE OF THE FORMAL CHARGE
HRDO: LAW DEPT:
Amicable Settlement (in writing) Forward complaint and show-cause
201 file Filing of formal charge (date of hearing indicated)
Stern warning (repeated acts) *bonus forfeited Signatory: Atty. Don until end (memo for this)
cc:heads
FORMAL CHARGE
AGENCY ACTIONS NO. OF PERSON/OFFICE DURATION NOTICE OF CHARGE
COPIES RESPONSIBLE AGENCY ACTIONS NO. OF PERSON/OFFICE DURATION
Issuance of formal # LAW DEPT COPIES RESPONSIBLE
charge Issuance of notice of # LAW DEPT
charge
proper
disciplining proper
authority disciplining
Specification authority
of charge Copies of
Brief complaint
statement of Sworn
material or statement
relevant Other
facts (may documents
be with submitted
evidence) Directive to answer in Not less than
Directive to Not less than writing (under oath) three (3) but
answer in three (3) but not more than
writing not more than ten (10) days
(under oath) ten (10) days from receipt
from receipt Respondent may opt
Advice for to be assisted by a
the counsel
respondent Respondent may elect
if he/she
demands
formal ANSWER
investigation REQUISITES CONTENTS
Notice that In writing Material facts;
Under oath Applicable laws;
Original/certified true
copies of documentary
evidence;
Sworn statements of
testimonies of witnesses
PREVENTIVE SUSPENSION
AGENCY DURATION
National maximum of
Agencies 90 days
Local maximum of
Government 60 days
FORMAL INVESTIGATION
REQUIREMENTS DURATION
Submission of Within thirty (30) days from
position papers; the issuance of the formal
Pre-hearing charge/notice of charge,
conference unless extended by
(mandatory); disciplining authority
Preliminary matters;
Issuance of
subpoena if
necessary
Issuance of formal Within fifteen (15) days after
investigation report conclusion of formal
investigation
DECISION
FINALITY OF THE DECISION DURATION
IF PENALTY IS: Disciplining authority shall decide
Reprimand; the case within thirty (30) days
Suspension of not from receipt of the Formal
more than 30 days; Investigation Report.
Fine not more than 30
day’s salary;
Final and executory unless a
motion for reconsideration is
filed
OTHERWISE, appealable.
