QuestionsQuestions (DBM)
They apply to all proceedings/administrative investigations of DBM officials/personnel conducted by the DBM DAC.
It states that no civil service officer/employee in DBM shall be suspended or dismissed except for cause as provided by law and after due process.
The DAC has disciplinary jurisdiction over all DBM officials and employees who commit violations of the Civil Service Rules and regulations.
Yes. An investigation may be entrusted to any DBM lawyer or regional director to conduct fact-finding or receive evidence; the results, evidence, and recommendations are then submitted to the DAC for appropriate action, and the DAC then makes its recommendation to the DBM Secretary.
Removal from the service, demotion in rank, suspension for not more than one year without pay, fine not exceeding six months’ salary, or reprimand (with reprimand treated as a penalty).
Similar offenses should be punished with the same penalty, and only one penalty shall be imposed in each case; warning or admonition is not considered a penalty.
Unless otherwise provided by law or indicated in the decision, removal carries cancellation of civil service eligibility, forfeiture of leave credits, retirement and other money benefits, and disqualification for re-employment in the civil service.
Examples include dishonesty, gross neglect of duty, grave misconduct, oppression, disgraceful and immoral conduct, gross insubordination, and conduct grossly prejudicial to the best interest of the service; they are punishable by dismissal or forced resignation, or suspension depending on aggravating/mitigating circumstances.
Less grave offenses are punishable by suspension for the first offense and dismissal for the second offense.
They are punishable by reprimand for the first offense, suspension for the second offense, and dismissal for the third offense.
Except when initiated by the disciplining authority, the complaint must be in writing, subscribed and sworn to by the complainant.
The case shall be dismissed.
Not less than seventy-two (72) hours after receipt of the complaint to answer the charges in writing under oath, with supporting sworn statements and documents.
The investigation must be held not earlier than five (5) days nor later than ten (10) days from receipt of the respondent’s answer by the disciplining authority, and must be finished within thirty (30) days from the filing of the charges (unless extended by the CSC in meritorious cases).
The DBM Secretary, upon recommendation by the DAC, may preventively suspend if the charge involves dishonesty; oppression or grave misconduct; neglect in duty; or if there are reasons to believe the respondent is guilty of charges warranting removal.
If the administrative case is not finally decided within ninety (90) days from the date of suspension, the respondent is automatically reinstated—unless the delay is due to the respondent’s fault, negligence, or petition.
A motion for reconsideration must be filed within fifteen (15) days from receipt of the DAC decision as approved by the DBM Secretary; it is decided by the Secretary within ten (10) days. Decisions imposing penalties exceeding thirty (30) days suspension or fine exceeding thirty (30) days salary may be appealed to the Merit System Protection Board within fifteen (15) days, and finally to the Civil Service Commission within the same period.