Question & AnswerQ&A (DOST ADMINISTRATIVE ORDER NO. 005)
The rules are known as the Rules of Procedure for Disciplinary Cases in the DOST System.
DOST System refers to the Department of Science and Technology including its Agencies, Regional Offices, and Attached Agencies that do not have their own rules and regulations as provided in their Charter.
The disciplining authority in the DOST is the Secretary of the Department. Executive Directors of Councils, Directors of agencies including Regional Offices, and attached agencies act as disciplining authorities in their respective offices.
It is a case where a government official or employee is prosecuted for an act or omission punishable as a non-penal or administrative offense under the Civil Service Law, Administrative Code, and other laws governing public officers and civil service employees.
The complaint must be written and under oath, containing the full names and addresses of complainant and respondent, respondent’s position, narration of relevant facts, copies of documentary evidence and affidavits, and a certification of no forum-shopping.
Fact-finding investigation is an ex-parte examination of records and documents without the presence of parties, while preliminary investigation is an inquiry where both complainant and respondent can submit affidavits and are given opportunity to be heard but no cross-examination is allowed.
A prima facie case exists when there is sufficient ground to believe that an administrative offense was committed by the respondent and warrants the issuance of a Formal Charge.
Preventive suspension may be imposed pending formal investigation if the respondent is charged with dishonesty, oppression, grave misconduct, neglect in duty, or if there are reasonable grounds to believe the respondent is guilty of offenses warranting removal from service.
Offenses are classified as grave, less grave, or light. Grave offenses generally carry penalties such as dismissal or long suspension, less grave offenses may have suspension from one month to six months or dismissal for a second offense, and light offenses are punishable by reprimand, suspension for one to thirty days, or dismissal for the third offense.
The Disciplining Authority must render a written decision within thirty (30) days from receipt of the report of the Formal Investigation.
Yes, the administrative case proceeds independently and dismissal of the criminal case does not automatically dismiss the administrative case.
Filing a similar case involving the same parties and issues in other agencies like the Civil Service Commission, Commission on Elections, or Office of the Ombudsman constitutes forum shopping and will result in dismissal of the case in the DOST.
Failure to file an answer within fifteen (15) days shall be considered a waiver of the right to answer and the case will be decided based on the records available; a formal investigation may still be held if the records alone cannot decide the case justly.
The committee is composed of the Executive Director/Director or authorized representative as chairperson, a Division Chief as member, and a representative from the Union or Association or another rank and file employee as member.
The Hearing Committee may admit evidence commonly accepted in prudent affairs, accept copies of documents with originals unavailable, take judicial notice of certain facts, and establish facts through substantial evidence. Cross-examination is not allowed during preliminary investigation but may be considered in formal investigation.
The respondent may file a motion for reconsideration with the Disciplining Authority or appeal to the Civil Service Commission within fifteen (15) days from receipt of the Order of Preventive Suspension.