Question & AnswerQ&A (DOST)
The rules apply to administrative disciplinary cases filed against elective local officials of provinces, highly urbanized cities, independent component cities, component cities, and cities and municipalities in Metropolitan Manila.
The President of the Philippines is the disciplining authority and may act through the Executive Secretary.
The Secretary of the Interior and Local Government (DILG) is designated as the investigating authority.
Grounds include disloyalty to the Republic, culpable violation of the Constitution, dishonesty, oppression, misconduct, gross negligence, offenses involving moral turpitude or punishable by prision mayor, abuse of authority, unauthorized absence, application for or acquisition of foreign citizenship or residence status, among others.
By filing a sworn written complaint by any private individual or government officer/employee, or motu proprio by the Office of the President or any authorized government agency.
A filing fee of Two Hundred Pesos (P200.00) is charged, payable to the Office of the President. Pauper complaints certified under the Rules of Court are exempted.
The respondent must submit a verified answer within 15 days from receipt of the complaint, addressed to the President, with affidavits or evidence supporting the defense.
Within twenty (20) days from receipt of the complaint and answer.
Preventive suspension may be imposed when evidence of guilt is strong and, given the gravity of the offense, continuance in office could influence witnesses or threaten evidence integrity.
A single preventive suspension shall not extend beyond sixty (60) days; if multiple cases exist, total suspension cannot exceed ninety (90) days within a year for the same ground.
The respondent has the right to appear and defend personally or by counsel, confront and cross-examine witnesses, and require the attendance of witnesses and production of documents through subpoena.
At the place where the official renders or holds office.
Direct examination by the proponent, cross-examination by the opponent, re-direct examination by the proponent, and re-cross examination by the opponent.
Penalties include suspension not exceeding six months or removal from office, depending on the offense and circumstances.
Removal from office is a bar to the respondent's candidacy for any elective position.
Records are confidential and not publicly available except to proper authorities and parties-in-interest or their authorized representatives on a need-to-know basis.
No salary or compensation is received during suspension, but upon exoneration and reinstatement, full salary and emoluments during suspension must be paid.
Yes, through executive clemency, subject to terms and conditions imposed by the President.
Within thirty (30) days after receipt of the report and transmittal of records.
Failure to file an answer within fifteen (15) days is considered a waiver of the right to present evidence in defense.