Question & AnswerQ&A (LETTER OF INSTRUCTIONS NO. 231)
The letter modifies previous instructions requiring presidential clearance before investigation of local elective officials, allowing the Secretary of Justice and the Secretary of Local Government to authorize investigations without prior clearance to ensure speedy action on complaints against local officials.
The Secretary of Justice may authorize the preliminary investigation of a criminal complaint against a local elective official without needing prior clearance from the President.
Yes, the Secretary of Local Government may suspend a local elective official during the formal investigation for a period not exceeding sixty (60) days if the charge is serious, evidence of guilt is strong, or reasonable grounds exist to believe the official may perform acts inimical to the investigation.
Yes, the Secretary of Local Government and Community Development may formally investigate administrative complaints against local elective officials without prior presidential clearance.
The Secretary can decide administrative cases involving local elective officials except provincial and city elective officials, and impose penalties without prior clearance except when the penalty involves removal or suspension for more than six months.
No, these letters and instructions do not affect the jurisdiction of regular courts of justice under existing laws.
They were issued to prevent harassment of local elective officials through false, frivolous, and malicious charges by partisan sectors.
The suspension period may not exceed sixty (60) days during the pendency of the formal investigation.
The Secretary must obtain prior clearance from the President before imposing removal or suspension for more than six months on provincial and city elective officials.
The President invokes the powers vested in him by the Constitution to modify previous instructions regarding investigations of local elective officials.