QuestionsQuestions (DBP CIRCULAR NO. 24)
It applies to all disciplinary administrative cases filed before the Development Bank of the Philippines (DBP) against its officials and employees.
They are primarily governed by the Administrative Rules on Sexual Harassment Cases (DBP Circular No. 3, dated 27 March 2007) and apply these guidelines suppletorily.
It may be initiated by the Disciplining Authority motu proprio or upon complaint of any other person, natural or juridical.
Because the proceedings are summary in nature and their records, reports, and recommendations to the Disciplining Authority are strictly confidential.
It must be (1) in writing, subscribed and sworn; (2) accompanied by required content: complainant’s full name/address; respondent’s full name/address and position/office; narration of material facts; certified true copies of documentary evidence and affidavits of witnesses; and certification/non-forum shopping.
Only if its allegations are verifiable or have merit, or are supported by documentary or direct evidence; the person complained of may be required to comment.
Withdrawal does not result in outright dismissal or discharge from administrative liability if the allegations have merits, are verifiable, or are supported by documentary evidence tending to prove guilt.
To determine whether a prima facie case exists that warrants the issuance of a formal charge or notice of charge; it involves fact-finding/ex-parte examination of records and submitted documents.
It should commence not later than five (5) days from receipt of the complaint/adverse report by the CGO, and must be terminated within twenty (20) days thereafter.
For adverse report/anonymous complaint: issue formal charge if prima facie case exists; otherwise close/dismiss. For complaint: give due course by issuing notice of charge if prima facie exists; otherwise dismiss. The employee must be furnished the complaint/charges and supporting sworn statements/documents.
Specification of charges; brief statement of material/relevant facts with certified true copies of documentary evidence (if any); sworn statements of witnesses; directive to answer in writing and under oath within five (5) days; advice to indicate election for formal investigation and to plead mitigating circumstances; and notice that respondent may be assisted by counsel.
The answer must be in writing under oath and specifically admit or deny all charges and supporting documents/evidence. Failure to deny or object is deemed an admission of the charges and the genuineness/due execution of documents.
The respondent is deemed to have waived the right to file an answer and the case is resolved based on the complaint/formal charge and supporting evidence.
Maximum is ninety (90) days. If not finally decided within that period, the respondent is automatically reinstated unless the delay is due to the respondent’s fault/negligence/petition; delays due to respondent are excluded.
An appeal to the Civil Service Commission may be filed within fifteen (15) days from receipt. The order is executory pending appeal. A motion for reconsideration is not allowed.
When issued by one not authorized by law; not premised on the enumerated grounds; without formal charge/notice; or when duration exceeds prescribed periods (back salaries only for the excess period).
If elected, it must be held within ten (10) days from receipt of respondent’s answer (or after the period to answer) and completed with thirty (30) days from receipt of the answer. Pre-hearing conference is mandatory; hearing proceeds with continuous hearings and memoranda are due within five (5) days after termination.
If respondent is below Vice President, it is conducted by a single Hearing Officer designated by the CGO Head. If Vice President or higher, the Disciplining Authority designates a single Hearing Officer or a Panel of at least three senior officers.
If penalty is suspension of not more than thirty (30) days or fine not exceeding thirty (30) days’ salary, it is final, executory, and not appealable unless a timely motion for reconsideration is filed (and appeal only when due process is violated). If suspension exceeds thirty (30) days or fine exceeds thirty (30) days’ salary, it becomes final and executory after the period for filing reconsideration or appeal lapses without such pleading.