Article 99p. 99

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

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 .

(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.

SECTION 49. Appeals . — (1) Appeals, where allowable,

shall be made by the party adversely affected by the

decision within fifteen days from receipt of the decision

unless a petition for reconsideration is seasonably filed,

which petition shall be decided within fifteen days. Notice

of the appeal shall be filed with the disciplining office,

which shall forward the records of the case, together with

the notice of appeal, to the appellate authority within

fifteen days from filing of the notice of appeal, with its

comment, if any. The notice of appeal shall specifically

state the date of the decision appealed from and the date

of receipt thereof. It shall also specifically set forth clearly

the grounds relied upon for excepting from the decision.

(2) A petition for reconsideration shall be based only on

any of the following grounds: (a) new evidence has been

discovered

which

materially

affects

the

decision

rendered;

(b)

the

decision is not supported by the

evidence on record; or (c) errors of law or irregularities

have

been

committed

which

are

prejudicial to the

interest

of

the respondent: Provided , That only one

petition for reconsideration shall be entertained.

SECTION 50. Summary Proceedings . — No formal

investigation is necessary and the respondent may be

immediately removed or dismissed if any of the following

circumstances is present:

(1) When the charge is serious and the evidence of

guilt is strong;

(2) When the respondent is a recidivist or has been

repeatedly charged and there is reasonable ground to

believe that he is guilty of the present charge; and

(3) When the respondent is notoriously undesirable.

Resort to summary proceedings by the disciplining

authority shall be done with utmost objectivity and

impartiality

to

the

end

that

no

injustice

is

committed: Provided , That removal or dismissal except

those by the President, himself or upon his order, may be

appealed to the Commission.

SECTION 51. Preventive Suspension . — 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 dishonesty, oppression or

grave misconduct, or neglect in the performance of duty,

or if there are reasons to believe that the respondent is

guilty of charges which would warrant his removal from

the service.

SECTION

52.

Lifting

of

Preventive

Suspension

Pending

Administrative

Investigation .

— When the

administrative case against the officer or employee under

preventive

suspension

is

not finally decided by the

disciplining authority within the period of ninety (90) days

after the date of suspension of the respondent who is not

a

presidential

appointee,

the

respondent

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 shall not be counted in computing the period of

suspension herein provided.

SECTION 53. Removal of Administrative Penalties or

Disabilities .

—

In

meritorious

cases

and

upon

recommendation of the Commission, the President may

commute

or

remove

administrative

penalties

or

disabilities

imposed

upon

officers

or

employees

in

disciplinary cases, subject to such terms and conditions

as he may impose in the interest of the service.

CHAPTER 8 Prohibitions

SECTION 54. Limitation on Appointment . — (1) No

elective

official

shall be eligible for appointment or

designation

in

any capacity to any public office or

position during his tenure.

(2) No candidate who has lost in any election shall,

within one year after election, be appointed to any office

in

the

Government

or

any

government-owned

or

controlled corporations or in any of its subsidiaries.

(3) Unless otherwise allowed by law or by the primary

functions of his position, no appointive official shall hold

any other office or employment in the Government or

any

subdivision,

agency

or

instrumentality

thereof,

including government-owned or controlled corporations

or their subsidiaries.

SECTION

55.

Political

Activity .

—

No

officer

or

employee in the Civil Service including members of the

Armed Forces, shall engage directly or indirectly in any

partisan political activity or take part in any election

except to vote nor shall he use his official authority or

influence to coerce the political activity of any other

person

or

body.

Nothing

herein

provided

shall

be

understood to prevent any officer or employee from

expressing his views on current political problems or

issues, or from mentioning the names of candidates for

public office whom he supports: Provided , That public

officers and employees holding political offices may take

part in political and electoral activities but it shall be

unlawful for them to solicit contributions from their

subordinates or subject them to any of the acts involving

subordinates prohibited in the Election Code.

SECTION 56. Additional or Double Compensation . —

No elective or appointive public officer or employee shall

receive

additional

or

double

compensation

unless

specifically authorized by law nor accept without the

consent of the President, any present, emolument, office,

or title of any kind from any foreign state.

Pensions and gratuities shall not be considered as

additional, double or indirect compensation.

SECTION 57. Limitations on Employment of Laborers .

— Laborers, whether skilled, semi-skilled or unskilled,

shall not be assigned to perform clerical duties.

SECTION 58. Prohibition on Detail or Reassignment .

— No detail or reassignment whatever shall be made

within three (3) months before any election.

SECTION 59. Nepotism . — (1) All appointments in the

national, provincial, city and municipal governments or in

any

branch

or

instrumentality

thereof,

including

government-owned or controlled corporations, made in

favor of a relative of the appointing or recommending

authority, or of the chief of the bureau or office, or of the

persons exercising immediate supervision over him, are

hereby prohibited.

As

used

in

this

Section,

the word "relative" and

members of the family referred to are those related

within the third degree either of consanguinity or of

affinity.

(2) The following are exempted from the operation of

the

rules

on

nepotism:

(a)

persons

employed

in

a

confidential capacity, (b) teachers, (c) physicians, and (d)

members

of

the

Armed

Forces

of

the

Philippines:

Provided, however , That in each particular instance full

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