Question & AnswerQ&A (DBP CIRCULAR NO. 24)
The guidelines are known as the 2013 Implementing Guidelines of the Revised Rules on Administrative Cases.
These guidelines apply to all disciplinary administrative cases brought before the Development Bank of the Philippines against its officials and employees.
Sexual harassment cases are primarily governed by the Administrative Rules on Sexual Harassment Cases (DBP Circular No. 3, dated 27 March 2007) and these guidelines apply suppletorily.
Administrative proceedings may be initiated by the Disciplining Authority motu proprio or upon complaint of any other person, natural or juridical.
The proceedings are summary in nature and conducted without strictly adhering to technical rules of procedure and evidence applicable to judicial proceedings.
Disciplining Authority refers to the person or body authorized to impose penalties, including the Board of Directors for senior officers and the President/CEO or delegated committee for others.
A valid complaint must be written, subscribed, sworn to, contain full names and addresses of complainant and respondent, details of alleged acts, documentary evidence, affidavits if any, and a certification of non-forum shopping.
A formal charge is a written specification of a charge or charges against an employee issued by the proper Disciplining Authority after a prima facie case is found.
Grave offenses include serious dishonesty, gross neglect of duty, grave misconduct, falsification, nepotism, conviction of crimes involving moral turpitude, and others, generally punishable by dismissal.
Yes, light administrative offenses that are purely personal and do not injure the government may be settled or compromised, provided it is not the second offense of the same act.
A formal investigation is held within 10 days from receipt of the answer, completed within 30 days, and conducted by a Hearing Officer or Panel depending on the rank of the respondent.
Failure to file an answer is considered a waiver of the right to answer and the case will be resolved based on the complaint and supporting evidence.
Filing a motion for reconsideration within the reglementary period stays the execution of the decision sought to be reconsidered.
Yes, penalties exceeding 30 days suspension or fines more than 30 days salary, including demotion, may be appealed to the Civil Service Commission within 15 days from receipt of denial of motion for reconsideration.