QuestionsQuestions (OP ADMINISTRATIVE ORDER NO. 23)
Cases filed against elective local officials: (a) governors, vice governors, and sangguniang panlalawigan members; (b) mayors, vice mayors, and sangguniang panlungsod members of highly urbanized cities, independent component cities, and component cities; and (c) mayors, vice mayors, and sangguniang panlungsod or bayan members of cities/municipalities in Metropolitan Manila.
The President acts as the Disciplining Authority, who may act through the Executive Secretary. He acts on duly verified administrative complaints and renders the final decision after investigation.
The Secretary of the Interior and Local Government (DILG) is designated as the Investigating Authority. He may constitute an Investigating Committee for the purpose.
Disloyalty to the Republic; culpable violation of the Constitution; dishonesty/oppression/misconduct in office/gross negligence/dereliction of duty; offenses involving moral turpitude or punishable by at least prision mayor (6 years 1 day to 12 years); abuse of authority; unauthorized absence (15 consecutive working days for local chief executives; 4 consecutive sessions for sanggunian members); application/acquisition of foreign citizenship or immigrant status; and other grounds under the Local Government Code and special laws (e.g., RA 6713, RA 3019, Administrative Code, Revised Penal Code).
By any private individual or government officer/employee through a sworn written complaint; or motu proprio by the Office of the President or any authorized government agency.
The complaint must be sworn written, addressed to the President, drawn in clear, simple, and concise language, and methodical enough to apprise the respondent of the nature of the charge and enable him to prepare his defense; it must be accompanied by affidavits of witnesses and/or evidence in support.
Generally filed with the Records Office, Office of the President, Malacañang. For LGUs outside Metro Manila, it may be filed through the concerned Regional Director of the DILG, who must transmit it to the Secretary of the Interior and Local Government within 48 hours (with authentication of documents).
A fee of PHP 200.00 is charged for every complaint filed with the Office of the President, payable to the Cashier, Office of the President. Pauper complaints certified as such in accordance with the Rules of Court are exempt.
Within 7 days from filing, the Disciplining Authority issues an order requiring a verified answer within 15 days from receipt. Failure, without reasonable ground, to answer within 15 days is considered a waiver of the right to present evidence.
Within 48 hours from receipt of the answer, the Disciplining Authority refers the case to the Investigating Authority, who must commence investigation within 10 days from receipt. Within 20 days from receipt of complaint and answer, the Investigating Authority determines whether there is a prima facie case.
Within the same period, he submits his recommendation to the Disciplining Authority for motu proprio dismissal, together with the recommended decision/resolution/order.
To determine whether parties desire a formal investigation or are willing to submit for resolution based on record evidence; and if formal investigation is desired, to simplify issues and consider stipulations/admissions, limitation of witnesses, and other measures for prompt disposition. The Investigating Authority also encourages amicable settlement subject to approval by the Disciplining Authority.
No preliminary investigation shall be imposed within 90 days immediately prior to any local election. Likewise, no preventive suspension shall be imposed within 90 days immediately prior to local election; if already imposed earlier, it is automatically lifted upon the start of the 90-day period.
Preventive suspension may be imposed by the Disciplining Authority after issues are joined (after respondent answers) when evidence of guilt is strong and, given gravity, there is a great probability that continuing in office could influence witnesses or pose a threat to records/evidence. For component city elective officials under formal investigation, the governor issues the preventive suspension upon direct order of the Disciplining Authority.
Any single preventive suspension cannot exceed 60 days. If several cases are filed, the official cannot be preventively suspended for more than 90 days within a single year on the same grounds existing and known at the time of the first suspension.
Upon expiration, the official is deemed automatically reinstated in office without prejudice to continuing proceedings, which must be terminated within 120 days from formal notification (excluding delays due to the official’s fault/request other than appeal). During preventive suspension, he receives no salary; but upon subsequent exoneration and reinstatement, he is paid full salary and emoluments accruing during suspension.
The respondent must be afforded full opportunity to appear and defend in person or by counsel; confront and cross-examine witnesses; and require attendance of witnesses and production of documents through subpoena or subpoena duces tecum.
Formal investigation must be terminated within 90 days from its start; unreasonable failure to do so is a ground for administrative action against the persons assigned. The Investigating Authority may allow memoranda within 15 days after termination of formal investigation.
The Investigating Authority may admit evidence commonly accepted by reasonably prudent men; documentary evidence may be copies/excerpts if original is not readily available (with opportunity to compare copies if original not available, and certified copies if original in public custody); and it may take notice of judicially cognizable facts and generally technical/scientific facts within its specialized knowledge, with notice and opportunity for parties to contest.
He must render the written decision within 30 days from receipt of the report and transmittal of records. It becomes final and executory after lapse of 30 days from receipt by the complainant or respondent, unless a motion for reconsideration is filed within that period. Only one motion for reconsideration is allowed in exceptionally meritorious cases and it suspends the running of the 30-day period.