Procedure to be followed: Memorandum Circular No.

19 Series of 1999 as amended (REVISED UNIFORM RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE) Essence of the URACCS is to provide DUE PROCESS Due process is ______ Administrative investigations shall be conducted without necessarily adhering strictly to the technical rules of procedure and evidence applicable to judicial proceedings. (Section 3)

However, certain technical rules must still be complied with in for the administrative proceedings to be valid (Rule II of the URACCS). Jurisdiction For City Employees 1. City Mayor as the head of Agency 2. Civil Service Commission (Regional Office) The mayor and the CSC have concurrent jurisdiction. Concurrent jurisdiction means that disciplinary cases can be filed either with the City Mayor, or with the CSC upon the option of the complainant

Offenses: Dishonesty - Graft cases or any act that involves Dishonest act Taking bribes, favoring a contractor in exchange for favors, Gross neglect of duty - Neglect that results in substantial loss to the City (monetary, reputation, public service) Grave misconduct Being Notoriously Undesirable Conviction of a crime involving Moral Turpitude Conviction means the Court has already ruled on the guilt of the employee

- Need not be related to employment with the city. - Moral turpitude refers to ____ Falsification of Official Documents - Document must be job related otherwise a court ruling must first be secured. Physical or mental incapacity or disability due to immoral or vicious habits Alcoholism/ drug addiction Engaging directly or indirectly in partisan political activities by one holding nonpolitical office Receiving for personal use of a fee, gift or other valuable thing in the course of official

duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons, or committing acts punishable under the antigraft laws. Contracting loans of money or other property from persons with whom the office of the employee has business relations. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or

impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature.
Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature. Nepotism meaning

Disgraceful and immoral conduct Inefficiency and incompetence in the performance of official duties Frequent unauthorized absences, or tardiness in reporting for duty, loafing or

frequent unauthorized absences from duty during regular office hours Refusal to perform official duty Gross insubordination Conduct prejudicial to the best interest of the service Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something. Owning, controlling, managing or accepting employment as officer, employee,

consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by law. Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone, or to prejudice the public interest. Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public.

Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by (1) law, or (2) international agreements, commitment and obligation, or as part of the function of his office.

B. The following are Less Grave Offenses with the corresponding penalties: 1. Simple Neglect of Duty 2. Simple Misconduct 3. Gross Discourtesy in the course of official duties (quarreling with constituents) 4. Simple Neglect of Duty 2. Simple Misconduct

3. Gross Discourtesy in the course of official duties (quarreling with constituents) 8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households. 9. Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his shareholdings or interest in private business enterprise within sixty (60) days from assumption of public office when conflict of interest arises; Provided, however, that for those who are already in the service and conflict of

interest arises, the official or employee must either resign or divest himself of said interest within the periods hereinabove; provided, reckoned from the date when the conflict of interest had arisen.

C. The following are Light Offenses with corresponding penalties: 1. Discourtesy in the course of official duties (Not grave in nature) 2. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children 3. Violation of reasonable office rules and regulations (there must be existing departmental rules, EO or other rules internal to the LGU)

4. Frequent unauthorized tardiness (Habitual Tardiness) (5 in 1 month) 5. Gambling prohibited by law (outside work) 6. Refusal to render overtime service (qualify that the refusal has no valid basis) 7. Disgraceful, immoral or dishonest conduct prior to entering the service (undisclosed) 8. Borrowing money by superior officers from subordinates 9. Lending money at usurious rates of interest. (the question is what is usurious) 10. Willful failure to pay just debts or willful failure to pay taxes due to the government The term just debts shall apply only to: 1. Claims adjudicated by a court of law, or 2. Claims the existence and justness of which are admitted by the debtor.

11. Lobbying for personal interest or gain in legislative halls and offices without authority 12. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases, if there is no prior authority 13. Failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees 14. Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the Code of

Conduct and Ethical Standards for Public Officials and Employees 15. Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions 16. Engaging in private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his official functions. (only lawyers and doctors can avail of private practice outside civil service employment) 17. Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations

Procedure for administrative adjudication through the City Mayor 1. Complaint - must be in writing - Notarized The Complaint must contains the following y Full name and address of the complainant; y Anonymous Complaint shall be dismissed outright, except if: y Obviously True, or y ii. Complaint is supported by documentary evidence y Full name and address of the person complained (respondent Employee) of as well as his position and office of employment;

y A narration of the relevant and material facts which shows the acts or omissions allegedly committed by the civil servant; y certified true copies of documentary evidence and affidavits of his witnesses, if any; and y certification or statement of nonforum shopping. (Provide the format)
** If any of the requirements are absent, the complaint shall be dismissed by the Mayor **Withdrawal of the Complaint. The withdrawal of the complaint does not result in its outright dismissal nor discharge the person complained of

from any administrative liability. Where there is obvious truth or merit to the allegation in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course.

2. Requirement to Submit CounterAffidavit or Comment y Mayor or his representative shall require the respondent to submit Counter-Affidavit/Comment y Counter- Affidavit or comment must be submitted 3 days from receipt of the Order of the Mayor or his representative 3. Preliminary Investigation.

y A Preliminary Investigation involves the ex parte examination of records and documents submitted by the complainant and the respondent, as well as documents readily available from other government offices. y Purpose is the determination of whether a prima facie case exist to require the issuance of a formal charge. y Conduct is normally assigned to an investigating officer y Must be commences 5 days from receipt of the Complaint

Discretionary steps during preliminary investigation (Discretionary

upon the Officer assigned to conduct the Preliminary Investigation) y require further affidavits and counter-affidavits y Call for clarificatory conference 4. Formal charge The formal charge shall contain y a specification of charge(s), y a brief statement of material or relevant facts, y accompanied by certified true copies of the documentary evidence, sworn statements covering the testimony of witnesses, y a directive to answer the charge(s) in writing under oath in not less

than seventy-two (72) hours from receipt y an advice for the respondent to indicate in his answer whether or not he elects a formal investigation of the charge(s), and y a notice that he is entitled to be assisted by a counsel of his choice. Preventive Suspension. the Mayor may issue an order of preventive suspension upon service of the Formal Charge, or immediately thereafter against the respondent, if the charge involves: y dishonesty; y oppression; y grave misconduct; y neglect in the performance of duty; or

y if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service.
The preventive suspension may be issued either upon request of the complainant or upon the Mayor s own determination of the propriety of the issuance of the preventive suspension. The maximum period of preventive suspension against a respondent is 90 days. Thereafter, the respondent must be reinstated. It is therefore essential that the formal investigation be completed within the period of preventive suspension, otherwise the purpose of the preventive suspension shall be defeated.

Purpose of preventive suspension: y remove the respondent from the scene of his misfeasance or malfeasance; and y preclude respondent from possibly exerting undue influence or pressure on the witnesses against him or tampering of documentary evidence on file with his Office. y In lieu of preventive suspension, for the same purpose, the proper disciplining authority or head of office, may reassign respondent to another unit of the agency during the formal hearings.

5. Answer. The answer is any document submitted by the respondent in reply to the formal charge. Technical requirement for an Answer y in writing y under oath y specify material facts and applicable laws, if any, including documentary evidence, sworn statements covering testimonies of witnesses, if there be any, in support of his case. y include a statement indicating whether or not he elects a formal investigation. ** failure to file an answer shall mean waiver of the right to file the same

6. Formal Investigation Administrative Case

Hearing of the

When will it be conducted y When the Respondent elects to have a formal investigation to be conducted; y where from the allegations of the complaint and the answer of the respondent, including the supporting documents of both parties, the merits of the case cannot be decided judiciously without conducting such investigation y Otherwise, the case can be decided based on the records already on hand.

**The investigation shall be held not earlier than five (5) days nor later than ten (10) days from receipt of the respondent s answer. **Said investigation shall be finished within thirty (30) days from the issuance of the formal charge or the receipt of the answer unless the period is extended by the disciplining authority in meritorious cases. Pre-Hearing Conference y Discretionary Upon Hearing Officer y Rules of the City Requires the mandatory conduct of a prehearing conference. y Purpose is to consider and agree on any of the following:

 Stipulation of facts;  Simplification of issues;  Identification and marking of evidence of the parties;  Waiver of objections to admissibility of evidence;  Limiting the number of witnesses, and their names;  Dates of subsequent hearings; and  Such other matters as may aid in the prompt and just resolution of the case. y Note that compromise is not part of the Pre-hearing conference y If after the pre-hearing conference, facts of the case are already clear and settled, and no facts are disputed by the parties, then The parties may submit

position paper/memoranda and submit the case for resolution based on the result of the prehearing conference without any need for further hearings. Hearing of the case Hearing Officer s duty Preliminary Matters At the start of the hearing, the hearing officer shall note the appearances of the parties and shall proceed with the reception of evidence for the complainant. If the respondent appears without the aid of a counsel, he shall be deemed to have waived his right thereto.

Before taking the testimony of a witness, the hearing officer shall place him under oath and then take his name, address, civil status, age, and place of employment. A sworn statement of a witness(es) properly identified and affirmed shall constitute his direct testimony, copy furnished the other party. A party shall be granted only three (3) postponements upon oral or written requests. A fourth postponement may be granted only upon written request and subject to the discretion of the disciplining authority. If the respondent fails or refuses to appear during the scheduled hearings despite due notice, the investigation shall proceed ex parte and the

respondent is deemed to have waived his right to be present and to submit evidence in his favor during those hearings.