STEPS IN ADMINISTRATIVE PROCEEDINGS:

FILING OF COMPLAINT Should be under oath

A complaint against civil service shall not be unless initiated by the
given due course unless it is in writing and disciplining authority
subscribed & sworn to by the complainant.
No anonymous
The complaint shall contain the following:
complaint shall be
1.Full name & address of the complainant
entertained unless:
2.full name & address of the respondent as well
1. there is obvious truth
as his position and office
or merit to the
3.Narration of relevant and material facts which
allegations; or
shows the omissions allegedly committed
2. supported by
4.Certified true copies of documentary
evidence and affidavits
5.Certification of Non-forum shopping Should be written in a
clear, simple and concise
language and systematic
manner

WITHDRAWAL OF
COMPLAINT
Does not result in its
outright dismissal nor
discharge the person
complained of from any

ACTION ON THE COMPLAINT

Upon the receipt of a complain which is sufficient
in form and substance, the disciplining authority
shall require the person complained of to submit a
COUNTER-AFFIDAVIT/COMMENT under oath within
three (3) days from receipt

FILING OF COUNTER
AFFIDAVIT/COMMENT
Must be filed within three (3) days from receipt

FACT FINDING
INVESTIGATION
A fact finding investigation may
be conducted further or prior to
the preliminary investigation for
the purpose of ascertaining the

Shall commence
five (5) days from
receipt of complaint
and shall terminate
within thirty (30)
days thereafter
PRELIMINARY
INVESTIGATION
A preliminary investigation
involves an ex parte Failure of the respondent to
examination of records and submit his counter-affidavit shall
documents submitted by the be considered as a WAIVER
parties, as well as documents thereof
readily available from other
government offices.

During said investigation, the

parties are given the
opportunity to submit

CLARIFICATORY HEARING
INVESTIGATION REPORT If necessary, the parties may be
Within five (5) days from summoned to a conference where
the
termination of the PRELIMINARYthe investigator may propound
clarificatory and other relevant
INVESTIGATION, the investigating officer
shall submit the INVESTIGATION REPORT questions
and the complete records of the case to
FORMAL the disciplining authority
CHARGE DECISION OR
If a PRIMA FACIE RESOLUTION DISMISSAL OF
case is established AFTER CASE
during the PRELIMINARY In the absence of a
investigation, a INVESTIGATION PRIMA FACIE case
formal charge shall the complaint shall
be dismissed
 WHAT IS PRIMA
FACIE?
-Evidence that is sufficient to raise a
presumption of fact or to establish
the fact in question unless rebutted.

FORMAL CHARGE
After finding of a prima facie case,
the disciplining authority shall
formally charge the person
complained of.

The formal charge shall contain:

1. Specification of charge(s)
2. Brief statement of material or Accompanied by
relevant facts certified true copies
3. Directive to answer the charge(s) of:
in writing under oath in not less than 1.Documentary
seventy-two (72) hours from evidence
receipt thereof
4. Advice for the respondent to
indicate in his answer whether or not
PREVENTIVE he elects a formal investigation
SUSPENSION 5. Notice that he is entitled to be
Upon petition of the
complainant or motu
propio, the proper
disciplining authority may
issue an order of
preventive suspension
upon service of formal
charge or immediately
thereafter pending
investigation if the charge
involves:
1. Dishonesty
2. Oppression ANSWER
3. Grave misconduct The respondent shall file his answer
4. Neglect in the within three (3) days from receipt
performance of duty of formal charge(s)
5. If there are reasons to FAILURE TO
The answer which is in writing and FILE ANSWER
under oath and shall be specific and If the respondent fails
shall contain material facts and or refuses to file his
applicable laws, if any, including answer to the formal
documentary evidence, sworn charge within five (5)
REMEDIES statements covering testimonies of days from receipt
The Respondent may file witnesses, if there be any, in support thereof, he shall be
an APPEALbefore the CSC of his case considered to have
(within fifteen (15) days
WAIVED his right
from receipt of the order) It shall also include a statement
indicating whether or not he elects a
Shall be held not
earlier than five
(5) days nor later FORMAL INVESTIGATION
than ten (10)
days from receipt Although the respondent does not request
of the respondent’s a formal investigation, one shall
nevertheless be conducted where from
the allegations of the complaint and the
Shall be finished answer of the respondent, including the
within thirty (30) supporting documents of both parties, the
days from the merits of the case cannot be decided
issuance of the judiciously without conducting such
formal charge or
the receipt of the
answer unless the
period is extended PRE-HEARING CONFERENCE
by the disciplining At the commencement of the formal
investigation, the Hearing Officer may
conduct a pre-hearing conference for
the parties to appear, consider and
APPEARANCE OF agree on any of the following:
COUNSEL a. Stipulation of facts;
Any counsel appearing b. Simplification of issues;
before any hearing or c. Identification &marking of
investigation shall evidence
manifest his appearance d. Waiver of objection to
stating his full name, IBP admissibility of evidence;
no. and exact address e. Limiting number of witnesses;
where he can be served f. Dates of subsequent hearing;
with notices and other g. Such other matters.
pleadings PRELIMINARY MATTERS
Before taking the testimony of
ORDER OF
witness(es), the officer shall place him
HEARING under oath and then take his:
Unless directed otherwise, 1. Name;
the order of hearing may 2. Address;
be as follows: 3. Civil status;
a. Prosecution shall 4. Age; and
present evidence; 5. Place of employment
b. Cross-
examination;
c. Re-direct/Re-
cross; REQUEST/ISSUANCE OF
d. Respondent shall SUBPOENA
The hearing officer may issue
Subpoena ad testificandum and
duces tecum. If party desires the
attendance of witness or production of
documents, he shall make a request at

FORMAL INVESTIGATION
REPORT The complete
Within fifteen (15) days after e the records of the
conclusion of the formal investigation, a case shall be
report shall be submitted to the attached to the
disciplining authority. It shall contain: Investigation
1. Narration of the material facts
established during the

FINDING THE
RESPONDENT
ADMINISTRATIVELY
LIABLE
DECISION Where the penalty imposed is
Within thirty (30) SUSPENSION for not more
days from receipt of than thirty (30) days or a
the Investigation FINE not exceeding thirty (30)
DISMISSAL OF report, the days’ salary, it shall be FINAL
THE CASE disciplining & EXECUTORY.
authority shall
render his decision However if it exceeds thirty
on the case. (30) days, the same shall be