DBP Rules on Administrative Cases

Cases may be initiated motu proprio by the Disciplining Authority or upon complaint by any person or entity.
Proceedings are summary in nature, not bound by technical rules of procedure and evidence applicable to courts.
Records and recommendations are confidential, and personnel handling cases perform highly confidential functions.
Guidelines are liberally construed to promote just, speedy, and inexpensive disposition.

Adverse Report: Reports including audits that indicate irregularities prompting disciplinary action.
Agency: Any governmental or government-owned/controlled body or unit.
Bank: Refers specifically to DBP.
Civil Service: All government branches and offices including government-owned/controlled corporations.
Complaint: Sworn written statement by any person other than Disciplining Authority against a bank employee.
Contested Case: One where respondent elects formal investigation.
Disciplinary Action: Proceeding to hold an employee accountable for act or omission with due process.
Disciplining Authority: Person or body authorized to impose disciplinary penalties; in DBP, disciplinary authority varies by rank.
Employee: All classifications of bank employees unless specified otherwise.
Formal Charge and Notice of Charge: Written statements issued by disciplining authority giving due course to complaints.
Forum-Shopping: Filing multiple administrative actions on the same case in different forums.
Prima Facie Case: When evidence suffices to believe an offense was committed by respondent.
Respondent: Employee against whom charges are formally made.

Complaints must be in writing, sworn, clear, and systematic; anonymous complaints entertained only if verifiable.
Complaints and related documents are docketed with Corporate Governance Office (CGO).
Withdrawal of complaints does not terminate administrative liability if allegations have merit.
Disciplining Authority requires respondent to submit counter-affidavit/comment within 3 days.

Conducted to determine if prima facie case exists for formal charges.
Within 5 days after complaint, respondent must submit counter-affidavit.
Investigation lasts up to 20 days; parties may be summoned and submit affidavits and documents.
CGO submits investigation report to Disciplining Authority with recommendations.
Disciplining Authority decides whether to issue formal charge, dismiss, or refer case.

Formal charge includes specification of charges, facts, evidence, witness statements, and directives to answer within 5 days.
Notice of charge similar but issued when a complaint originates from a party other than Disciplining Authority.

Must be in writing under oath; must admit or deny charges specifically.
Failure to answer is a waiver; case decided from complaint and evidence.
Motions designed solely to delay are prohibited and treated as answers.
Disciplining Authority may dismiss if answer is satisfactory, or decide case or require formal investigation if not.

A precautionary, not punitive, measure to remove employee during investigation.
Grounds include charges involving dishonesty, gross neglect, grave misconduct, or likelihood of removal.
Duration limited to 90 days; extension possible only for meritorious reasons.
Employee may appeal suspension to Civil Service Commission within 15 days; appeal does not stay enforcement.
Payment of back salaries governed by conditions of legality and timing of suspension.

Held if respondent elects; must start within 10 days from answer and finish within 30 days.
Hearing Officer or Panel conducts investigation; composition depends on rank of respondent.
Pre-hearing conference is mandatory for stipulation of facts, simplification of issues, etc.
Hearings continuous; limited postponements allowed.
Order of hearing: prosecution presents evidence, then respondent, then rebuttals.
Evidence rules are liberal; objections resolved by Hearing Officer; record of proceedings maintained.
Subpoenas for witnesses/documents may be issued.

Disciplining Authority decides within 30 days after hearing report.
Decision must state charges, facts, issues, circumstances, and penalty.
Certain penalties final and executory unless motion for reconsideration or appeal filed.

May be filed within 15 days strictly on grounds of new evidence, lack of support in evidence, or legal errors.
Only one motion allowed; stays execution.

Appeal to Civil Service Commission for penalties exceeding 30 days suspension or fines.
Appeal must be perfected with documents and fees; does not stay execution.
Commission may dismiss or remand case for procedural due process violations, with time limits for resolution.

Offenses classified as grave, less grave, or light with specified penalties from reprimand to dismissal.
Examples of grave offenses: serious dishonesty, grave misconduct, falsification, nepotism.
Alternative penalties include forced resignation, transfer, demotion, or fines instead of suspension.
Mitigating and aggravating circumstances considered in penalty imposition.
Most serious charge governs penalty when multiple charges exist.
Penalties have different durations and consequences including administrative disabilities.
Payment of fine in lieu of suspension allowed under certain conditions.

Allowed only for light offenses that are purely personal without apparent government injury.
Settlement must be approved and mediated; binding compromise agreement executed.
Settlement precludes re-litigation except for breaches.