Question & AnswerQ&A (DSWD DEPARTMENT ORDER NO. 6)
These rules are known as the Rules and Procedure in the conduct of Administrative Investigations in the Department of Social Welfare and Development.
An administrative case is one wherein an official or employee of the Department is formally investigated for an act or omission punishable as an offense under Civil Service Laws, the Administrative Code, and other laws pertaining to Public Officers and employees.
The Central Office has exclusive and original jurisdiction over cases involving regional employees formally charged with a grave offense or if the penalty warrants dismissal from the service.
Yes, anonymous complaints may be entertained if there is obvious truth or merit to the allegations, or if supported by documentary or direct evidence as verified by the fact-finding committee concerned.
The complaint must include: (a) full name and address of the complainant; (b) full name, address, position, and office of employment of the respondent; (c) a narration of relevant material facts showing the alleged act or omission; (d) a certification or statement of non-forum shopping; and (e) submission of certified true copies of documentary evidence and affidavits of witnesses, if any.
The person complained of is required to submit a counter-affidavit or comment under oath within three (3) days from receipt of the complaint.
Failure to file an answer within five (5) working days from receipt of the formal charges shall be construed as a waiver of the right to answer and the formal investigation will proceed accordingly.
In the Central Office, the Director of the Legal Services or duly authorized representative(s) act as hearing officers. In the Regional/Field Offices, the Assistant Regional Director or authorized regional officers not members of the Regional Anti-Graft and Anti-Corruption Committee serve as hearing officers.
A formal investigation shall be completed within sixty (60) days from receipt of the respondent's answer or after the period for filing an answer has expired, unless extended for meritorious reasons by the disciplining authority.
Preventive suspension may be imposed if the charge involves dishonesty, oppression, grave misconduct, neglect in the performance of duty, or if there is reason to believe the respondent is guilty of charges that could warrant removal from service.
The administrative case must be decided within ninety (90) days from the date of preventive suspension, otherwise the employee shall be automatically reinstated, except when delay is due to the fault or petition of the respondent.
No, administrative investigations are conducted without strictly adhering to the technical rules of procedure and evidence applicable to judicial proceedings.
Withdrawal of a complaint does not automatically dismiss the case nor discharge the employee from administrative liability. The case may still proceed if charges are meritorious and supported by evidence.
No, such decisions are final and executory. Only penalties exceeding these amounts may be appealed or subject to motion for reconsideration.
Parties must consider and agree on hearing dates, simplification of issues, stipulation of facts, limitation of witnesses and evidence, and waiver of objections to admissibility of evidence to expedite the resolution of the case.