Question & AnswerQ&A (DBM)
The Rules apply to all proceedings and administrative investigations of cases involving DBM officials and personnel conducted by the DAC of the Department of Budget and Management.
No officer or employee in the Civil Service under the DBM shall be suspended or dismissed except for cause as provided by law and after due process.
The Disciplinary Action Committee (DAC) has disciplinary jurisdiction over all DBM officials and employees who commit violations of the Civil Service Rules and Regulations.
Penalties include removal from the service, demotion in rank, suspension for not more than one year without pay, a fine not exceeding six months' salary, or reprimand.
Removal for cause carries cancellation of civil service eligibility, forfeiture of leave credits, retirement and other money benefits, and disqualification for re-employment in the civil service unless otherwise provided by law or indicated in the decision.
Like penalties shall be imposed for similar offenses, and only one penalty shall be imposed in each case; reprimand is considered a penalty while warnings and admonitions are not.
Grave offenses include dishonesty, gross neglect of duty, grave misconduct, falsification of official documents, engaging in partisan political activities, receiving gifts for personal use in connection with official duties, and disloyalty to the Republic of the Philippines among others.
Less grave offenses include simple neglect of duty, insubordination, habitual drunkenness, nepotism, and unfair discrimination. The penalty is suspension for the first offense and dismissal for the second offense.
Complaints must be in writing and subscribed and sworn to by the complainant unless initiated by the disciplining authority; complaints should contain full names and addresses, position of respondent, specific charges, a brief statement of facts, and supporting documents and sworn statements.
Preventive suspension may be ordered upon recommendation by the DAC if the charge involves dishonesty, oppression or grave misconduct, neglect of duty, or if there are reasons to believe the respondent is guilty of charges warranting removal from service.
If the case is not finally decided within ninety (90) days after suspension, the employee shall be automatically reinstated, except when delay is due to respondent's fault or petition.
The respondent has at least seventy-two hours but not more than five (5) days to answer the complaint in writing and under oath, with supporting evidence, and may elect a formal investigation if the answer is unsatisfactory.
If a party duly notified to appear at a hearing or conference refuses or fails to appear without valid reason, that party may be declared in default, and the investigation may proceed without their presence, with judgment rendered based on available evidence.
Hearings are scheduled with at least five days' notice, subpoenas may be requested, hearings should be continuous and completed within thirty days from filing charges unless extended, and both parties present evidence and witnesses with cross-examination allowed.
Proceedings are non-technical; any material and relevant evidence is admissible; documentary evidence must be properly marked; and parties may submit memoranda within five days after hearing termination.
DAC renders decision within 30 days from investigation conclusion, and decisions imposing penalties of suspension up to 30 days or fines up to 30 days salary are final; penalties exceeding that may be appealed to the CSC; appeals do not stay execution except removal which requires CSC confirmation.
A motion must be filed within 15 days from receipt of the decision by a party adversely affected and must be based on new evidence, lack of support by evidence, or errors of law or irregularities prejudicial to the respondent; only one motion is entertained.
Appeals from decisions imposing penalties exceeding 30 days suspension or fines exceeding 30 days salary may be filed with the Merit System Protection Board and then CSC within 15 days; the notice must state receipt dates and grounds clearly.
In computing periods of time, the first day is excluded and the last day included unless it falls on a Saturday, Sunday, or legal holiday.