QuestionsQuestions (EXECUTIVE ORDER NO. 390)
It requires the filing of corresponding criminal complaints when administrative cases involving dishonesty, corruption, or moral turpitude are filed against government personnel.
In all instances where administrative cases involving dishonesty, corruption, or moral turpitude are filed against government personnel.
Dishonesty, corruption, or moral turpitude.
Department Secretaries and heads of government agencies, both national and local.
Some government personnel were charged administratively without the corresponding criminal complaints being filed, even when the acts involved dishonesty, corruption, or other immoral acts punishable under penal laws.
It enables dishonest or corrupt respondents to avoid the penal sanction of the law in proper cases.
It aims to enhance the people’s faith in government by bringing the full force of the law to bear on erring government personnel.
It applies to government personnel in general, and enforcement is directed to national and local agency heads.
No. EO 390 mandates filing of corresponding criminal complaints but does not specify the exact penal statutes or enumerated crimes.
When the administrative case involves dishonesty/corruption/moral turpitude, a corresponding criminal complaint should also be filed, so the penal aspect is not bypassed.
The order speaks of instances where administrative cases involving dishonesty, corruption, or moral turpitude are filed; thus, the filing of the criminal complaint must correspond to those administrative cases.
Sound public administration and the need to upgrade the public service through full legal accountability.
It indicates that penal sanctions should be imposed where the facts justify criminal prosecution—i.e., where the administrative allegations involve acts punishable under penal laws.
The filing of the corresponding criminal complaint against the same erring personnel.