Rules for local officials' disciplinary cases

The President of the Philippines acts as the Disciplining Authority and may act through the Executive Secretary.
The Secretary of the Interior and Local Government is designated as the Investigating Authority and may form an Investigating Committee within the Department of the Interior and Local Government (DILG).

Any private individual or government officer/employee may file a sworn written complaint.
The government or the Office of the President may also initiate cases motu proprio.
Complaints must be clear, concise, and addressed to the President.
Filing locations include the Office of the President or through the DILG Regional Directors for officials outside Metropolitan Manila.
Filing fee is PHP 200, with exemptions for pauper complaints.

The respondent has 15 days upon receipt of notice to file a verified answer.
The answer should traverse the charges clearly and be filed with proper offices as outlined for complaints.
Failure to answer within the prescribed period results in waiver of the right to present evidence.

The Disciplining Authority refers the case to the Investigating Authority within 48 hours.
Investigation must commence within 10 days and a determination of prima facie case made within 20 days.
If no prima facie case is found, the case may be dismissed motu proprio.
If a prima facie case exists, a preliminary conference is held to consider formal investigation, simplification of issues, and possible settlement.
Venue depends on the official's territorial jurisdiction.
No preliminary investigations allowed within 90 days before local elections.

Preventive suspension may be imposed where evidence is strong and to prevent influence on witnesses or evidence.
Applies to officials from provinces, highly urbanized cities, independent cities, and Metropolitan Manila; governors suspend component city officials upon order.
Not allowed within 90 days before local elections; any suspension then in effect is automatically lifted.
Suspension duration must not exceed 60 days per incident and 90 days total in a year for the same grounds.
Suspended officials do not receive salary during suspension but are entitled to full pay if exonerated.

Full procedural due process including counsel, confrontation, cross-examination, and compulsory attendance of witnesses.
The Investigating Authority conducts hearings, with power to administer oaths, subpoena witnesses and documents.
Official notices of hearings must be given at least 5 days prior.
Postponements are limited and discouraged, and stenographic records of proceedings are maintained.
The investigation must conclude within 90 days.
Parties may submit memoranda after the investigation.

Evidence admitted based on common acceptance by reasonably prudent persons.
Documentary evidence may be in copies if originals unavailable, with opportunities to compare.
Judicially cognizable, technical, or scientific facts may be noticed, with opportunity to contest.
All exhibits properly marked and organized.

The Investigating Authority must submit findings, draft decisions, and complete records to the Disciplining Authority within 20 days after proceedings conclude or deadlines expire.
Records are confidential and access is limited to authorized persons on a need-to-know basis.

The Disciplining Authority has 30 days to render a written decision stating facts and reasons.
The decision becomes final after 30 days unless a motion for reconsideration is filed.
Generally, only one motion for reconsideration is allowed which suspends the 30-day period.
An appeal does not prevent the decision from becoming final; suspension is deemed preventive during appeal.
If exonerated on appeal, salary and emoluments must be paid for the appeal period.

Penalties include suspension or removal depending on evidence and circumstances.
Suspension limited to six months or unexpired term per offense but does not bar candidacy.
Removal bars the respondent from candidacy and may be ordered by the Disciplining Authority or courts.

The President may commute or remove administrative penalties and disabilities after decisions become final, subject to terms in the interest of public service.

The Order implements relevant provisions of the Local Government Code of 1991, Administrative Code, and Executive Orders, with Rules of Court applied suppletorily.
Repeals prior Administrative Orders No. 195 and No. 239.
Takes effect 15 days after publication in the Official Gazette.