Scope of Authority and Jurisdiction
- Jurisdiction over Presidential Appointees in executive branch of Salary Grade 26 or higher, including PNP and AFP officers if directed.
- Covers governing board members of instrumentalities, regulatory agencies, government-owned or controlled corporations, and private persons acting in conspiracy with covered appointees.
- Investigates violations of specific laws including Anti-Graft Act, Code of Conduct, Anti-Red Tape Act, Revised Penal Code provisions, Administrative Code, and others referred by the President.
- Authority persists despite retirement or separation from service.
Initiation of Complaints and Preliminary Evaluation
- Investigations may commence motu proprio or upon complaint from any source except unverified anonymous complaints.
- Complaints are endorsed in writing and recorded by Management Information System (MIS) Unit and transmitted to Complaints and Investigation Unit (CIU) for evaluation.
- CIU must decide within 5 days if complaint is within scope for docketing; otherwise recommend dismissal or referral.
- Commission issues dismissal orders within 15 days if complaint outside scope; can refer cases to other agencies.
Fact-Finding Investigation Procedure
- Panel of investigators designated to conduct fact-finding within 30 days.
- Use of all reasonable means short of strict technicalities; must respect rights and due process.
- Includes document examination, witness interviews, subpoena power, and cooperation with law enforcement.
- Investigation report due within 15 days after conclusion, recommending filing of formal charge if prima facie case found or dismissal if not.
- Reinvestigation ordered if Commission disapproves dismissal recommendation.
- Lifestyle and asset consistency checks are mandatory parts of investigations, may lead to separate charges.
Administrative Adjudication Process
- Formal Charge narrates facts, cites laws violated, and includes documentary evidence; case docketed as administrative case.
- Commission may designate Hearing Officer with power to administer oaths, issue subpoenas, admit evidence, rule on motions.
- Summons issued to respondent with 15-day deadline to file answer, failure to answer results in ex parte proceedings.
- Preventive suspension of respondent can be ordered for up to 90 days for serious offenses or if investigation fairness is jeopardized.
- Only one motion for extension to file answer allowed; no motions to dismiss entertained.
- Clarificatory hearings may be conducted with opportunity for parties to be heard, but without cross-examination rights.
- Case is submitted for decision after pleadings and hearings or after lapse of 30-day period for final pleadings.
- Decision issued within 15 days of submission stating facts, legal bases, and penalties; criminal charges may also be filed.
- Decision becomes final after lapse of appeal period.
- Administrative case does not affect respondent’s promotion or maternity/paternity benefits.
Remedies
- Only one motion for reconsideration allowed within appeal period; based solely on lack of jurisdiction or grave abuse of discretion.
- Appeal to the Office of the President within 30 days following Administrative Order No. 18, series of 1987.
- Commission transmits records to the President’s office within 5 days of appeal receipt.
Miscellaneous Provisions
- Unreasonable failure to comply with summons or subpoenas is a separate ground for administrative disciplinary action.
- Commission may refer complaints to other government agencies, including Ombudsman, for appropriate action.
- Information on investigations is confidential pending decision; only Chairperson may disclose balanced information.
- Unauthorized disclosure causing harm may result in legal action.
Applicability and Effectivity
- Repeals previous guidelines inconsistent with these Rules.
- Applies to all pending investigations while protecting the right to fair hearing.
- Invalidity of any provision does not affect remaining provisions.
- Effectivity 15 days after publication.