Question & AnswerQ&A (GSIS Resolution NO. 155)
The main policy purpose is to provide clear guidelines for the administrative investigation of GSIS officials and employees, to deter administrative offenses, ensure prompt determination of the truth, and expedite resolution of administrative cases.
It applies to all regular and permanent employees and officials of the GSIS, excluding cases of sexual harassment governed by PPG No. 165-02.
They include: proceedings being similar but less formal than judicial ones; investigation purpose to ascertain truth; investigator's acts judged differently from a judge; due process and fairness observed; decisions based on substantial evidence; and investigations completed promptly.
Administrative offenses are classified as grave, less grave, or light, depending on the gravity, depravity, and effects on government service.
Examples include dishonesty, gross neglect of duty, grave misconduct, falsification of official documents, and nepotism, all generally punishable by dismissal on the first offense.
Penalties range from suspension from 1 month and 1 day up to dismissal for repeated offenses, depending on the nature of the offense.
Light offenses typically result in reprimand for the first offense, suspension from 1 to 30 days for the second offense, and dismissal for the third offense.
Circumstances such as physical illness, good faith, plea of guilty as mitigating factors; and taking undue advantage of official position or use of government property as aggravating factors. Both parties can invoke these, and the Hearing Officer may also consider them.
Preventive suspension is a temporary removal from duty for up to 90 days, imposed when there is reason to believe a respondent is guilty of serious offenses like dishonesty or grave misconduct, to prevent influence over witnesses or tampering with evidence.
The respondent shall be automatically reinstated unless the delay is due to his fault or he is on maternity/paternity leave, which defers suspension.
A prima facie case exists when evidence shows an administrative offense was committed and the respondent probably committed it, warranting formal charges.
The respondent must answer in writing under oath within 3 to 5 calendar days from receipt; failure to answer is deemed waiver of the right to file an answer and the investigation proceeds.
Grave offense cases must be resolved within 60 working days, with possible extension of up to 45 working days for joint hearing or multiple parties.
The respondent is restored to prior status without loss of rights or salary differentials, fined amounts are refunded, and leave credits during suspension are credited back.
They include cancellation of eligibility, forfeiture of retirement benefits, disqualification from reinstatement or reemployment, promotion, or taking civil service examination.
Investigations start on the basis of written, signed, and sworn complaints, referrals or requests from operating units, or directives from the PGM.
Light offense cases are resolved within 30 working days, parties submit position papers within 5 working days after the pre-hearing conference, and cases may be resolved without formal investigation if appropriate.
No, records are confidential and information related cannot be released except to proper authorities, interested parties, or authorized representatives, subject to PGM approval for disclosure.