Rraccs Notes: Section 11. Requisites of A Valid Complaint. - Except When Initiated
Rraccs Notes: Section 11. Requisites of A Valid Complaint. - Except When Initiated
Rraccs Notes: Section 11. Requisites of A Valid Complaint. - Except When Initiated
1. Serious Dishonesty;
2. Gross Neglect of Duty;
3. Grave Misconduct;
4. Being Notoriously Undesirable;
5. Conviction of a crime involving moral turpitude;
6. Falsification of official document;
7. Physical or mental incapacity or disability due to immoral or
vicious habits;
11.Nepotism; and
12.Disloyalty to the Republic of the Philippines and to the Filipino
people.
duties;
nature;
5. Insubordination;
6. Habitual Drunkenness;
7. Unfair discrimination in rendering public service due to
party
affiliation or preference;
by the debtor.
Section 47. Penalty of Fine. – The following are the guidelines for the
penalty of fine:
3. The maximum period to pay the fine shall not exceed one (1)
year from the time the decision/resolution becomes final and
executory. The conversion of suspension into fine is final and
executory and, therefore, not subject of appeal or any other
similar relief.
4. The failure of the respondent to pay the fine or part thereof
shall cause the reversion to the original penalty of suspension.
As such, respondent shall serve the original penalty of
suspension imposed, irrespective of the amount he/she has
already paid.
5. Fine may be paid in equal monthly installments subject to the
following schedule of payment prescribed below:
1. Fine equivalent to one (1) month salary shall be paid
within two (2) months;
2. Fine equivalent to two (2) months salary shall be paid
within four (4) months;
3. Fine equivalent to three (3) months salary shall be paid
within six (6) months;
4. Fine equivalent to four (4) months salary shall be paid
within eight (8) months;
5. Fine equivalent to five (5) months salary shall be paid
within ten (10) months; and
6. Fine equivalent to six (6) months salary shall be paid
within twelve (12) months.
6. The fine shall be paid to the agency imposing the same,
computed on the basis of respondent’s salary at the time the
decision becomes final and executory.
RA 7836
EO 292
CHAPTER 7 – Discipline
(4) An appeal shall not stop the decision from being executory, and in
case the penalty is suspension or removal, the respondent shall be
considered as having been under preventive suspension during the
pendency of the appeal in the event he wins an appeal.
(4) The investigation shall be held not earlier than five days nor later
than ten days from the date of receipt of respondent’s answer by the
disciplining authority, and shall be finished within thirty days from
the filing of the charges, unless the period is extended by the
Commission in meritorious cases. The decision shall be rendered by
the disciplining authority within thirty days from the termination of
the investigation or submission of the report of the investigator,
which report shall be submitted within fifteen days from the
conclusion of the investigation.
(5) The direct evidence for the complainant and the respondent shall
consist of the sworn statement and documents submitted in support
of the complaint or answer, as the case may be, without prejudice to
the presentation of additional evidence deemed necessary but was
unavailable at the time of the filing of the complaint or answer, upon
which the cross-examination, by respondent and the complainant,
respectively, shall be based. Following cross-examination, there may
be redirect and recross-examination.
(6) Either party may avail himself of the services of counsel and may
require the attendance of witnesses and the production of
documentary evidence in his favor through the compulsory process
of subpoena or subpoena duces tecum. 28
(7) The investigation shall be conducted only for the purpose of
ascertaining the truth and without necessarily adhering to technical
rules applicable in judicial proceedings. It shall be conducted by the
disciplining authority concerned or his authorized representative.
The phrase “any other party” shall be understood to be a
complainant other than those referred to in subsection (a) hereof.