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AN EXECUTIVE ORDER PRESCRIBING THE RULES OF PROCEDURE IN THE
CONDUCT OF DISCIPLINARY CASES IN THE LOCAL GOVERNMENT OF
GENERAL SANTOS CITY AND PROVIDING THE GENERAL SANTOS CITY
GOVERNMENT ADMINISTRATIVE BOARD COMPOSITION, POWERS AND
FUNCTIONS
WHEREAS, Section 86, Title Three, Book 1 of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991 provides that "In any local government
unit, administrative investigation may be conducted by a person or a committee duly
authorized by the local chief executive.";
Rule I
Section 1. Title of the Rules. — These rules shall be known as the Rules of
Procedure In The Conduct Of Disciplinary Cases In the Local Government
Unit Of General Santos City.
Rule II
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Disciplining Authority (DA) in the Local Government Unit of General Santos City shall be
the City Mayor or the City Vice-Mayor.
The complaint shall be filed in the Office of the City Mayor/Vice Mayor in
triplicate copies written in a clear, systematic manner as to apprise the person
complained of, of the nature and cause of the accusation against him/her and to enable
him/her to prepare his/her defense or answer/comment. However, should there be
more than one (1) person complained of, the complainant is required to submit
additional copies corresponding to the number of persons complained of.
The absence of any of the aforementioned requirements may cause the dismissal
of the complaint without prejudice to its refilling upon compliance with the above
requirements.
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Rule III
PRELIMINARY INVESTIGATION
The City Legal Officer shall give the person/s complained three (3) days within
which to submit Counter-Affidavit/Comment under oath, copy furnished the
complainant.
Rule IV
FORMAL CHARGE
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complained of with a statement that a prima facie case exists. It shall also include a
directive to answer the charge(s) in writing, under oath in not less than seventy-two
(72) hours from receipt thereof, and a notice that he/she may opt to be assisted by a
counsel of his/her choice.
Rule V
ANSWER
Rule VI
FORMAL INVESTIGATION
The investigation shall be held not earlier than five (5) days nor later than ten
(10) days from receipt of the respondent's answer or upon the expiration of the period
to answer. Said investigation shall be finished within thirty (30) days from the issuance
of the formal charge unless the period is extended by the disciplining authority in
meritorious cases.
a. Stipulation of facts;
b. Simplification of Issues;
c. Identification and marking of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings; and
g. Such other matters as may aid in the prompt and just resolution of the case.
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The agreement entered into during the pre-hearing conference is binding on
both parties unless in the interest of justice, the Administrative Board may allow a
deviation from the same.
The Administrative Board may ask clarificatory questions during or after the
presentation of the witness.
RULE VII
DECISION
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Only one motion for reconsideration shall be entertained. If a second motion for
reconsideration is filed notwithstanding its proscription under this Rules, the finality of
action shall be reckoned from the denial of the first motion for reconsideration.
Rule VIII
a) Administrative Board 1
b) Administrative Board II
Section 2. Powers and Functions. — The Administrative Board shall have the
following powers and functions:
The Presiding Officer shall not participate in the deliberation or formulation of appropriate penalty for
consideration of the disciplining authority.
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a) Send notices to the parties involved;
b) Conduct of raffling and assignment of cases to the Administrative Boards (1
and 2);
c) Schedule meetings/hearings;
d) Document meetings/hearings;
e) Furnish documents to respective parties and the Board;
f) Prepare and submit reports;
g) Conduct orientation on the Administrative guidelines;
h) Gather feedback/suggestions and submit the same to the board for
consideration of the disciplining authority.
RULE IX
Immediately after the raffle on any particular day the Secretariat shall indicate
the particular Administrative Board to which the case is assigned.
The raffle shall be conducted in such manner that the Administrative Boards 1
and II shall receive more or less the same number of administrative cases.
RULE X
FINAL PROVISIONS
R0 NEL C. RIVERA
City Mayor,44..,
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