LTFRB Admin Investigation Guidelines

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LTFRB MEMORANDUM CIRCULAR NO. 2012-002: LTFRB Admin Investigation Guidelines

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Title Source: Supreme Court: LTFRB Admin Investigation Guidelines

Law: Ltfrb Memorandum Circular No. 2012-002

Decision Date: Jan 20, 2012

The LTFRB establishes streamlined guidelines for administrative investigations of complaints against its officials and employees, allowing for anonymous submissions and mandating resolution within 30 days.

Law Summary

Filing and Nature of Complaints

Complaints need not be signed or under oath.
Complaints must be filed physically or sent via e-mail to the Board.
Complaints received through telephone calls, text messages, or other electronic means shall be documented in writing by the receiving official or employee.
Such documented complaints shall then be formally filed before the Board for determination of cause and jurisdiction.

Notification and Response Procedures

Once a complaint is deemed warranted, the concerned official or employee shall be:
- Immediately charged.
- Furnished a copy of the complaint.
- Directed to file a written answer within seventy-two (72) hours of receipt.
The official or employee has the right to engage a counsel for representation.

Prohibited Pleadings and Procedural Restrictions

The Board shall not entertain Pleadings that are dilatory or intended to delay the proceedings, including:
- Motion to Dismiss
- Motion for Extension of Time to File Pleading
- Motion for Bill of Particulars
- Similar dilatory motions

Consequences of Non-Compliance

Failure to submit a written answer within the prescribed period is considered a waiver of:
- The right to be heard.
- The right to offer evidence.
The Board may base its findings and final resolution solely on the available evidence.

Investigation Process and Timeframe

The Board has discretion to assign a Fact Finding Committee to conduct the investigation.
The entire investigation and resolution process shall be completed within thirty (30) days from the receipt of the complaint by the Board.

Effectivity and Administrative Provisions

The Memorandum Circular takes effect fifteen (15) days after its publication in at least two newspapers of general circulation.
Three (3) copies of the Circular shall be filed with the UP Law Center, in accordance with Presidential Memorandum Circular No. 11, dated 9 October 1992.

Authority and Authentication

The Circular is signed and adopted by the Chairman and Board Members of the LTFRB.
It is attested by the Executive Director, confirming its official adoption and enforcement.

END