Article 142p. 142

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

2nd offense — Suspension for one (1) to thirty (30)

days

3rd offense — Dismissal

(o)

Failure

to

process

documents and complete

action on documents and papers within a reasonable

time

from

preparation

thereof,

except

as otherwise

provided in the rules implementing the code of conduct

and ethical standards for public officials and employees

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30)

days

3rd offense — Dismissal

(p) Failure to attend to anyone who wants to avail

himself of the services of the office, or act promptly and

expeditiously on public transactions

1st offense — Reprimand

2nd offense — Suspension for one (1) to thirty (30)

days

3rd offense — Dismissal

SECTION

24.

Preventive

Suspension

is

not

a

punishment or penalty for misconduct in office but is

considered to be a preventive measure.

SECTION 25. The period within which a public officer

or

employee

charged

is

placed

under

preventive

suspension shall not be considered part of the actual

penalty of suspension imposed upon the employee found

guilty.

SECTION 26. The proper disciplining authority may

preventively suspend any subordinate officer or employee

under

his authority pending an investigation, if the

charge against such officer or employee involves:

(a) dishonesty

(b) oppression

(c) grave misconduct

(d) neglect in the performance of duty or

(e) if there are reasons to believe that the respondent

is guilty of charges which would warrant his removal from

the service

SECTION 27. When the administrative case against a

non-presidential officer or employee under preventive

suspension is not finally decided by the disciplining

authority within the period of 90 days after the date of his

preventive

suspension,

he

shall

be

automatically

reinstated in the service: Provided, That when the delay in

the disposition of the case is due to the fault, negligence

or petition of the respondent, the period of delay should

not be included in the counting of the 90 calendar-day

period of preventive suspension.

SECTION 28. The Commission shall have original

disciplinary jurisdiction over all its officials and employees

and over all cases involving civil service examination

anomalies or irregularities.

SECTION 29. The Commission may assume original

jurisdiction on complaints directly filed before it against

any other official or employee. For this purpose, it may

hear and decide the case or it may deputize any officer of

the department or agency to conduct the investigation

and

to

receive

the

evidence.

The

results

of

the

investigation together with the evidence adduced and

recommendation shall be submitted to the Commission

for decision.

SECTION 30. The Merit Systems Protection Board of

this Commission may assume original jurisdiction on

complaints against civil service officials and employees,

those which are unacted upon by the agencies and on

such other complaints requiring direct action in the

interest of justice.

SECTION 31. Except as otherwise provided by the

Constitution or by law, the Commission shall have the

final authority to pass upon the removal, separation and

suspension of all officers and employees in the civil

service and upon all matters relating to the conduct,

discipline and efficiency of such officers and employees.

SECTION 32. The Secretaries and heads of agencies

and instrumentalities, provinces, cities and municipalities

shall have jurisdiction to investigate and decide matters

involving

disciplinary

action

against

officers

and

employees under their jurisdiction. Their decisions shall

be final in case the penalty imposed is suspension for not

more than 30 days or fine in an amount not exceeding 30

days' salary, In case the decision rendered by a bureau or

office head is appealable to the Commission, the same

may be initially appealed to the department, then to the

Merit

Systems

Protection

Board,

and

finally

to

the

Commission and pending appeal, the same shall be

executory except when the penalty is removal, in which

case the same shall be executory only after confirmation

by the Secretary concerned.

SECTION 33. An investigation may be entrusted to a

regional director or similar officials who shall make the

necessary report and recommendation to the chief of

bureau or office or department.

SECTION

34. Administrative proceedings may be

commenced against a subordinate officer or employee

by the following officials/persons:

(a) Secretary of Department;

(b) Head of Office of Equivalent Rank;

(c) Head of Local Government Unit;

(d) Chief of Agency;

(e) Regional Director; or

(f) Upon Sworn, Written Complaint of Any other

Person.

SECTION 35. In the case of a complaint filed by any

other

person,

the

complainant

shall

submit

sworn

statements covering his testimony and those of his

witnesses together with his documentary evidence.

If on the basis of such papers no prima facie case is

found to exist, the disciplining authority shall dismiss the

case.

If a prima facie case exists, the disciplining authority

shall notify the respondent in writing of the charges

against him. Copies of the complaint, sworn statements

and other documents submitted shall be attached to said

notification.

SECTION 36. The respondent must be given by the

disciplining authority not less than 72 hours or 3 days to

submit his answer to the charges which answer must be

in writing and under oath. Supporting sworn statements

and documents may also be submitted. If the answer is

found satisfactory, the disciplining authority shall dismiss

the case.

In said answer, the respondent shall indicate whether

or not he elects a formal investigation of his case.

SECTION 37. Although a respondent does not request

a

formal

investigation,

one

shall

nevertheless

be

conducted by the disciplining authority when from the

allegations of the complaint and the answer of the

respondent, including the supporting documents of both

parties

the

merits

of

the

case

cannot

be

decided

judiciously without conducting such investigation.

SECTION 38. The investigation shall be held not

earlier than five days nor later than ten days from the

date

of

receipt

of

the

respondent's

answer.

Said

investigation shall be finished within 30 days from the

filing of the charges, unless the period is extended by the

Commission in meritorious cases.

SECTION 39. 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

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