QuestionsQuestions (DSWD DEPARTMENT ORDER NO. 6)
It adopts rules and procedures for the conduct of administrative investigations and the disposition of administrative cases in the Department of Social Welfare and Development (DSWD).
An administrative case is one wherein an official or employee of DSWD is formally investigated for an act or omission punishable under Civil Service laws, the Administrative Code, and other laws pertaining to public officers and employees.
A complaint may be investigated by the Department on its own or on complaint by any person. Private-party complaints must be in writing, subscribed and sworn; must be clear, simple and concise; include specific required contents (names/addresses, narration of material facts, non-forum shopping statement, and submission of certified true copies of documentary evidence and witness affidavits if any).
When there is obvious truth or merit to the allegations, or when supported by documentary or direct evidence verified by the concerned fact-finding committee.
Non-submission within the 3-day period is considered a waiver of the right to submit a counter-affidavit/comment.
They determine sufficiency of evidence and decide whether a fact-finding/preliminary investigation is still needed, or if evidence is sufficient to recommend the immediate issuance of formal charges to the proper disciplining authority.
It must be terminated within 30 days from receipt of the complaint by the investigating officer/body, unless a longer period is warranted, justified, and approved by the disciplining authority.
No. Withdrawal does not result in outright dismissal or necessarily discharge the employee; the case may still proceed if charges are obviously meritorious and can be substantiated by evidence.
No. The disciplining authority shall not entertain requests for clarification, bills of particulars, or motions to dismiss that are obviously designed to delay administrative proceedings; if interposed, they are treated as an answer and evaluated accordingly.
The respondent must file the formal answer within 5 working days from receipt of the formal charges. Failure to file is construed as a waiver, and the formal investigation proceeds accordingly.
The formal investigation must be held not later than 10 days from receipt of the respondent’s answer (or after the period for filing the answer has expired) and completed within 60 days from receipt of the answer (or after the expiration of the answer period), unless extended by the disciplining authority in meritorious cases.
Central Office: the Director of Legal Services or duly authorized representatives/bodies designated by the disciplining authority. Regional/Field: the Assistant Regional Director or a regional officer not being a member of the Regional Anti-Graft and Anti-Corruption Committee, duly authorized by the disciplining authority.
It aims to direct the parties to appear to agree on matters such as dates of subsequent hearings, simplification of issues, stipulation of facts, limiting the number of witnesses and their names, identifying and marking evidence, waiver of objections to admissibility of evidence, and other matters to aid prompt and just resolution; then hearing proper follows the agreed terms.
The investigation proceeds ex parte and the respondent is deemed to have waived the right to be present and to submit evidence in his favor.
Preventive suspension may be imposed by the proper disciplining authority pending investigation if charges involve dishonesty, oppression, grave misconduct, neglect in duty, or there are reasons to believe the respondent is guilty of charges that would warrant removal from the service.
If the administrative case against a non-presidential officer/employee under preventive suspension is not finally decided by the disciplining authority within 90 days from the date of preventive suspension, the employee is automatically reinstated—except where the delay is due to the respondent’s fault, negligence, or petition (which should not be counted in the 90-day period).
It must be filed within 15 days from receipt of the decision. Grounds: (1) new evidence discovered that materially affects the decision; (2) decision not supported by evidence on record; or (3) errors of law or prejudicial irregularities. Only one motion for reconsideration is entertained.