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.