Legal basis and implementing framework
- The Order is prescribed pursuant to Sections 60 to 66 of Republic Act No. 7160 (the 1991 Local Government Code).
- It is also based on Rule XIX, Articles 124 to 130 of the Implementing Rules and Regulations approved and adopted under Administrative Order No. 270, s. of 1992.
- It is further anchored on Section 9 of Executive Order No. 392, s. of 1990.
- It implements the Local Government Code of 1991 and its Implementing Rules and Regulations under Administrative Order No. 270 dated February 21, 1992.
- It provides that Book VI, Chapter 3, Sections 10-16 of the Administrative Code of 1983 and Executive Order No. 26 dated October 7, 1992 are part of its framework.
- For matters not provided, the Order makes the Rules of Court and the 1987 Administrative Code apply in a suppletory character (without displacing the Order’s specific procedures).
Coverage and disciplinary authority
- The rules apply to administrative disciplinary cases filed against the following elective local officials:
- governors, vice governors, and members of the sangguniang panlalawigan;
- mayors, vice mayors, and members of the sangguniang panlungsod of highly urbanized cities, independent component cities, and component cities; and
- mayors, vice mayors, and members of the sangguniang panlungsod or bayan of cities or municipalities in Metropolitan Manila.
- All Administrative complaints, duly verified, against the covered elective local officials shall be acted upon by the President.
- The President, who may act through the Executive Secretary, is the Disciplining Authority.
- The Secretary of the Interior and Local Government is the Investigating Authority.
- The Investigating Authority may constitute an Investigating Committee in the Department of the Interior and Local Government (DILG).
Grounds for administrative disciplinary action
- An elective local official may be disciplined, suspended, or removed for any of the following grounds:
- Disloyalty to the Republic of the Philippines.
- Culpable violation of the Constitution.
- Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty.
- Commission of an offense involving moral turpitude or an offense punishable by at least prision mayor, corresponding to imprisonment of from six (6) years and one (1) day to twelve (12) years imprisonment.
- Abuse of authority.
- Unauthorized absence for:
- fifteen (15) consecutive working days for local chief executives, or
- four (4) consecutive sessions for members of the sangguniang.
- Application for, or acquisition of, foreign citizenship or residence as an immigrant of another country.
- Other grounds provided by the Local Government Code of 1991, Republic Act No. 6713, Republic Act No. 3019, the Administrative Code of 1987, the Revised Penal Code, and all other applicable general and special laws.
Complaint, answer, and preliminary investigation
- An administrative case may be initiated by any private individual or any government officer or employee by filing a sworn written complaint against a covered elective local official.
- The case may also be initiated motu proprio by the Office of the President or any government agency duly authorized by law to ensure LGUs act within prescribed powers and functions.
- The complaint must be addressed to the President, drawn in clear, simple, and concise language, and arranged in a methodical manner to apprise the respondent of the charge and enable a defense.
- The complaint must be accompanied by affidavits of witness or evidences supporting the charge and identifies the filer as complainant and the charged official as respondent.
- The complaint must be filed with the Records Office, Office of the President, Malacañang, Manila, except:
- For cases against elective officials of LGUs outside Metropolitan Manila, it may be filed through the concerned Regional Director of the DILG, who must transmit it to the Secretary of the Interior and Local Government within forty-eight (48) hours from receipt.
- The Regional Director must authenticate pertinent documents presented.
- The Secretary of the Interior and Local Government must transmit the documents to the Office of the President within forty-eight (48) hours from receipt.
- A copy of the complaint must be furnished to:
- the Office of the Governor in the case of component cities;
- the Metropolitan Manila Authority in the case of cities and municipalities in Metropolitan Manila; and
- the DILG in all cases.
- A filing fee of PHP 200.00 is charged for every complaint filed with the Office of the President, payable to the “Cashier, Office of the President.”
- Pauper complaints, duly certified as such under the Rules of Court, are exempt from the filing fee.
- Within seven (7) days after filing of the complaint, the Disciplining Authority must order the respondent to submit a verified answer within fifteen (15) days from receipt.
- The answer must be addressed to the President, drawn in clear, simple, and concise language, and arranged methodically to traverse the charge; it must be accompanied by affidavits of witness or evidences supporting the defense.
- The answer is filed with the Records Office, Office of the President, Manila, subject to the same outside Metropolitan Manila transmission and authentication rules applicable to complaints.
- A copy of the answer must be furnished to:
- the complainant;
- the Office of the Governor (component cities);
- the Metropolitan Manila Authority (Metropolitan Manila cases); and
- the DILG in all cases.
- Unreasonable failure of the respondent to file the verified answer within fifteen (15) days from receipt of the complaint is treated as waiver of the right to present evidence in one’s behalf.
- Within forty-eight (48) hours from receipt of the answer, the Disciplining Authority must refer the complaint, answer, attachments, and relevant papers to the Investigating Authority.
- The Investigating Authority must commence investigation within ten (10) days from receipt of the referral.
- Unreasonable failure to commence preliminary investigation within the prescribed period by the persons assigned to investigate is a ground for administrative disciplinary action.
- Within twenty (20) days from receipt of the complaint and answer, the Investigating Authority determines whether a prima facie case exists to warrant formal administrative proceedings.
- If no prima facie case exists, the Investigating Authority must, within the same twenty (20) days period, submit a recommendation to the Disciplining Authority for motu proprio dismissal, with a recommended decision, resolution, and order.
- If a prima facie case exists, the Investigating Authority must, within the same twenty (20) days period, summon the parties to a preliminary conference on:
- whether the parties desire a formal investigation or are willing to submit for resolution based on the evidence on record; and
- if formal investigation is desired, simplification of issues, stipulations/admissions of facts and documents (especially affidavits and depositions), limitation of the number of witnesses, and other matters aiding prompt disposition.
- The Investigating Authority must encourage amicable settlement, compromise, or arbitration at any stage, subject to approval by the Disciplining Authority.
- After the preliminary conference, the Investigating Authority issues an order reciting matters taken up, including stipulated facts and evidence marked, and:
- limits issues for hearing to those not disposed of by agreement or admission; and
- schedules formal investigation within ten (10) days from issuance, unless a later date is mutually agreed in writing.
- Preliminary investigation venue rules:
- if the respondent is an elective official of a province or highly urbanized city, venue is where the respondent holds office;
- for all other local elective officials, venue is where the sanggunian concerned is located.
- No preliminary investigation shall be imposed within ninety (90) days immediately prior to any local election.
Preventive suspension and its limits
- Preventive suspension may be imposed by the Disciplining Authority in cases where the respondent is an elective official of:
- provinces, highly urbanized cities, independent component cities, and cities and municipalities in Metropolitan Manila.
- For an elective official of a component city who is under formal administrative investigation by the Office of the President, the governor must, upon the direct order of the Disciplining Authority, preventively suspend the official.
- No preventive suspension may be imposed within ninety (90) days immediately prior to any local election.
- If preventive suspension has been imposed before the ninety (90) days period, it is automatically lifted upon the start of the ninety (90) days election period.
- Preventive suspension may be imposed at any time after issues are joined (after the respondent answers) when evidence of guilt is strong and, given the gravity of the offense, there is a great probability that continuance in office could influence witnesses or pose a threat to the safety and integrity of records and evidence.
- A single preventive suspension must not extend beyond sixty (60) days.
- If several administrative cases are filed against the elective official, preventive suspension may not exceed ninety (90) days in a single year on the same ground or grounds existing and known at the time of the first suspension.
- Automatic reinstatement applies:
- upon expiration of the preventive suspension, the suspended official is deemed reinstated without prejudice to continuation of proceedings; and
- proceedings must be terminated within one hundred twenty (120) days from formal notification of the case.
- Delay not counted in the one hundred twenty (120) days computation is delay due to the respondent’s fault or request other than an appeal duly filed.
- A preventively suspended respondent receives no salary or compensation during suspension.
- Upon subsequent exoneration and reinstatement, the respondent must recei