Flowchart of Administrative Proceedings in Disciplinary Cases
1. Any person may file an administrative complaint with the Head of an agency or Civil Service Commission against any official or employee of the government. The complaint must be in wrting and under oath.
Administrative proceedings may be initiated by the following officials/persons:
– Secretary of the department, Head of Office/local government agency
– Upon sworn, written complaint of any other person.
2. The Disciplining Authority through the complainant’s sworn statements or through anonymous reports determines if there is a prima facie case.
The complaint shall contain:
a. Name and address of complainant
b. Name, address, position and office of person complained of
c. Narration of relevant and material facts
d. Certified copies of documentary evidence and affidavits of witnesses, if any
e. Certification of non-forum shopping
A prima facie case means there is sufficient evidence that the respondent is probably guilty of an offense and if not refuted by other evidence becomes conclusive that the respondent is guilty.
3. If the Disciplining Authority does not find a prima facie case, the complaint is dismissed.
4. If the Disciplining Authority finds that the prima facie case exists, he notifies the respondent of the changes aganst him/her or issues a formal charge against him/her.
5. In the formal charge, respondent is informed of his right to counsel and that he can request a formal investigation. Copies of the complaint, sworn statements and other documents submitted are attached to the formal charge.
6. The respondent is given at least 72 hours or three days to submit his/her answer in writing or under oath.