Law Summary
Grounds for Disciplinary Action
- Grounds include dishonesty, oppression, neglect of duty, misconduct, immoral conduct, incompetence, graft-related offenses, conviction of crimes involving moral turpitude, sexual harassment, and others.
- Complaints must not be heard by a Grievance Committee but by the Disciplining Authority.
Procedure for Commencing Administrative Cases
- Cases may be initiated motu proprio by the Secretary, Regional Director, or School Superintendent.
- Alternatively, cases may be commenced through sworn written complaints by any person.
Form and Content of Complaints
- Complaints must be under oath and clearly written.
- Must include details on complainant and respondent, a factual narrative, documentary evidence, affidavits of witnesses, and certification of non-forum shopping.
Filing of Complaints
- Complaints filed with appropriate officials depending on the respondent's position.
- The Secretary can take cognizance of any complaint.
Withdrawal of Complaints
- Withdrawal does not mean dismissal or excuse from liability if the complaint has merit or evidence.
Actions on Complaints
- Complaints lacking merit or insufficient form/content are dismissed outright.
- If sufficient, investigators are appointed within ten days.
- Anonymous complaints require discretion to act.
Fact-Finding or Preliminary Investigation
- Commences within five days of appointment.
- Respondent must submit counter-affidavit within three days; failure is waiver.
- Investigator conducts conferences and interviews witnesses.
- Investigation ends within thirty days; report with findings and recommendations submitted.
- Prima facie cases lead to formal charges.
Formal Charge
- Specification of charge, statements, evidence, directive to answer within 72 hours.
- Respondent advised of right to counsel and election for formal investigation.
Submission of Additional Evidence
- Allowed after fact-finding if respondent already submitted counter-affidavit.
Prohibited Pleadings
- Dilatory motions and suspension of proceedings due to pending court cases, without injunction, are not entertained.
Answer to Formal Charge
- Must be under oath, specific, and supported by evidence and legal basis.
- Include election on formal investigation.
Failure to File Answer
- Considered waiver; formal investigation may commence.
Preventive Suspension
- May be issued upon certain grave charges or if removal likely.
- Aim to remove respondent from influence over witnesses or evidence.
- Can be substituted by reassignment.
Duration and Remedies for Preventive Suspension
- Maximum of 90 days; automatic reinstatement if undecided.
- Respondent may file motion for reconsideration or appeal to Civil Service Commission.
Formal Investigation
- Conducted regardless of respondent’s election if necessary for just decision.
- Committee composition depends on respondent's position, involving supervisors and representatives of teachers' associations.
Commencement and Duration of Formal Investigation
- Conducted within 5 to 10 days from order issuance.
- Must conclude within 30 days unless extended.
Pre-Hearing Conference
- To consider agreements on submission of case, facts, issues, evidence, witnesses, and hearing dates.
Appearance and Effect of Failure to Appear
- Parties and counsel must appear unless excused.
- Non-appearance doesn't necessarily dismiss case; evidence heard ex parte with opportunity to cross-examine later.
Nature of Proceedings
- Informal, non-litigious, focusing on just and speedy disposition.
- Technical rules of evidence are relaxed.
Hearing Procedures
- Continuous hearings; failure to appear twice without cause may lead to resolution on records.
- Adequate time must be given to prepare defense.
Evidence Presentation
- Witness testimony by affidavit identified by affiant.
- Cross-examination replaced by written interrogatories.
- Documentary evidence must be properly marked.
- Subpoenas may be issued.
Records and Pleadings
- Proceedings recorded; motions and pleadings filed by mail or personal delivery with specific filing dates.
Impact of Administrative Cases on Benefits
- Pendency does not disqualify from promotions or leave benefits.
Confidentiality
- No publicity of administrative cases against teachers during pendency.
Investigation Report and Decision
- Committee must submit report within 15 days after investigation ends.
- Disciplining Authority shall render decision within 30 days.
Decisions Concerning Presidential and Non-Presidential Appointees
- Presidential appointee decisions subject to presidential confirmation.
- Secretary’s decisions on non-presidential appointees final if penalties are light; otherwise appealable.
- Regional Directors’ decisions for removal require confirmation; suspensions or fines have specific finality rules.
Motions for Reconsideration and Appeals
- Motion for reconsideration must be filed within 15 days on grounds of new evidence, lack of support, or legal errors.
- Only one motion entertained.
- Appealing decisions requires payment of fees and compliance with documentary requirements.
Effect and Enforcement of Decisions Pending Appeal
- Appeals generally do not suspend execution except for removal penalties pending confirmation.
- Preventive suspension is considered served.
Procedures upon Remand
- Investigations must be completed within 60 days after remand.
- Failure to decide may lead to exoneration and reinstatement.
Further Appeals
- Decisions of Civil Service Commission appealable to Court of Appeals.
Executive Clemency
- Upon recommendation, the President may commute or remove penalties.
- Petition requires certified decision, community certification, non-pendency of appeals, and payment.
Classification of Offenses and Corresponding Penalties
- Offenses categorized as Grave, Less Grave, or Light with specific penalties ranging from dismissal to reprimand.
- Offenses include dishonesty, gross neglect, misconduct, inefficiency, insubordination, nepotism, sexual harassment, and others.
Penalty Imposition Guidelines
- Consider aggravating, mitigating, and alternative circumstances.
- Penalty scale: minimum for mitigating only, medium if balanced, maximum if aggravating only.
Penalty for Multiple Offenses
- Penalty based on most serious offense; others considered aggravating.
Effects and Duration of Administrative Penalties
- Dismissal means permanent separation and forfeiture of benefits.
- Suspension leads to temporary cessation without pay and gap in service.
- Fines payable within one year, with installment options.
- Reprimands carry no accessory penalties.
Administrative Disabilities
- Cancellation of eligibility, disqualification for promotion or reinstatement, forfeiture of benefits as penalties.
- Specific disabilities tied to each form of penalty.
Effects of Exoneration
- Refunds fines and restores positions, seniority, back pay, and leave credits.
Repealing Clause and Effectivity
- Repeals inconsistent Department orders.
- Effective 15 days after official publication.
- Rules filed with UP Law Center upon publication.