Law Summary
Nature of Proceedings
- Proceedings are summary in nature.
- Technical rules of procedure and evidence for judicial trials need not be strictly followed.
- Rules of Court may be applied suppletorily when not contrary to the summary nature.
Representation and Confidentiality
- Parties may be assisted or represented by counsel.
- Proceedings are confidential and communication must be in writing, with copies furnished to opposing parties.
Definitions
- Terms defined in the Manual of Regulations are adopted for these Rules.
Complaint Requirements
- Complaints must be in writing, sworn to by the complainant; anonymous complaints are disallowed.
- Must include specific details: complainant and respondent names and addresses, respondent's position, charges, statement of material facts, prior related complaints, and referrals to appropriate BSP departments.
- Supported by documents and sworn statements if available.
Filing and Action on Complaints
- Filed with the Office of Special Investigation (OSI) in required copies.
- OSI determines sufficiency and issues notice to file answer or dismisses complaint without prejudice.
Respondent's Answer
- Respondent must file sworn answer within 10 days, admitting or denying charges and presenting evidence.
- Failure to answer is a waiver and allows case resolution based on complainant's evidence.
Prohibited Pleadings and Motions
- Motions to dismiss except for jurisdictional issues, bill of particulars, subpoenas, discovery, postponements, and similar dilatory motions are prohibited.
Modes of Service
- Service may be by personal delivery, registered mail, courier, or electronic means with record of delivery.
- Service is deemed complete upon actual delivery or specified timeframes depending on mode.
Jurisdiction Over Respondent
- Jurisdiction attaches upon completion of service of notice to file answer and complaint.
- If respondent refuses receipt or is no longer connected to institution, service may be effected at last known address.
Proceedings Before Hearing Officer
- Parties submit simultaneous verified position papers with supporting evidence.
- Opportunity to file comments within 10 days of position paper receipt.
- Hearing Officer may issue clarificatory orders to obtain necessary information.
Resolution of Cases
- Hearing Officer submits a report with findings and recommendations within 60 days from submission order.
- Extension of time allowed only with General Counsel's approval.
- Dismissal reports submitted for Governor's approval and not appealable to Monetary Board.
- Monetary Board issues final resolution, effective after 15 days unless timely motion for reconsideration is filed.
- Only one motion for reconsideration allowed.
- Resolution referred for enforcement to concerned BSP department.
Appeal
- Appeal from Monetary Board resolution may be filed with the Court of Appeals per Rule 43 of the Rules of Court.
- Interlocutory orders of OSI are not appealable to the Governor or Monetary Board.
- Appeal does not stay enforcement unless ordered by the Court of Appeals.
Miscellaneous Provisions
- Repeals or modifies inconsistent existing rules, regulations, orders, or circulars.
- Separability clause preserves validity of other provisions if any part is declared unconstitutional.
- Rules take effect on 1 January 2019.
- Pending administrative cases with SBCEG are resolved under previous BSP Circular No. 477 before the effectivity.
- After effectivity, pending cases resolved under these Rules where applicable.