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ADMINISTRATIVE ORDER NO. 159
ADMINISTRATIVE ORDER NO. 159 -
AMENDING ADMINISTRATIVE ORDER 23, DATED DECEMBER 17, 1992, WHICH
PRESCRIBES THE RULES AND PROCEDURES ON THE INVESTIGATION OF
ADMINISTRATIVE DISCIPLINARY CASES AGAINST ELECTIVE LOCAL OFFICIALS OF
PROVINCES, HIGHLY URBANIZED CITIES, INDEPENDENT COMPONENT CITIES,
COMPONENT CITIES, AND CITIES AND MUNICIPALITIES IN METROPOLITAN MANILA
I, FIDEL V. RAMOS, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1.
Section s 2 and 3, Rule 1 of Administrative Order No. 23 dated December
17, 1992, are hereby amended to read as follows:
"Sec. 2. Disciplining Authority. — All administrative
complaints, duly verified, against elective local officials mentioned
in the preceding Section shall be acted upon by the President. The
President, who may act through the Executive Secretary, shall
hereinafter be referred to as the Disciplining Authority.”
"Sec. 3.
Investigating Authority. — The Secretary of the Interior and Local
Government is hereby designated as the Investigating Authority. He may
constitute an Investigating Committee in the Department of the Interior
and Local Government for the purpose."
"The Disciplining Authority may,
however, in the interest of the service, constitute a Special
Investigating Committee in lieu of the Secretary of the Interior and
Local Government."
Sec. 2.
Items (d) and (h) of Sec. 1, Rule 2, of Administrative Order No. 23
are hereby amended to read as follows:
"(d)
Commission of any offense involving moral turpitude or any offense
punishable by at least prision mayor, which is from six (6) years and
one (1) day to twelve (12) years imprisonment;"
"(h) Such
other grounds as may be provided by the Local Government Code of 1991;
Republic Act No. 6713; Republic Act No. 3019; Administrative Code of
1987; Revised Penal Code; and all other applicable general and special
laws."
Sec. 3.
Sec. 7, Rule 5, of Administrative Order No. 23 is hereby amended to
read as follows:
"Sec. 7. 90-Day ban. — No preliminary investigation shall
be conducted within ninety (90) days immediately prior to any local
election."
Sec. 4. A
new section is hereby added to Rule 7 of Administrative Order No. 23,
after Sec. 13 thereof, to read as follows:
"Sec. 14.
90-day ban. — No formal investigation shall be conducted within ninety
(90) days immediately prior to any local election."
Sec. 5.
Section s 2 and 3, Rule 10, of Administrative Order No. 23 are hereby
amended as follows:
"Sec. 2. Finality of decision. — The decision of the
Disciplining Authority shall immediately be final and executory upon
receipt of a copy thereof by the complainant or the respondent, as the
case may be."
"Sec. 3.
Motion for reconsideration. — A motion for reconsideration shall not
stay the execution of a decision. In the event that a decision is
reconsidered as to result in an exoneration, the respondent shall be
paid his salary and such other emoluments accruing during the period of
his suspension of removal.”
Sec. 6.
Sec. 2, Rule 11, of Administrative Order No. 23 is hereby amended to
read as follows:
"Sec. 2. Suspension. — The penalty of suspension shall not
exceed the unexpired term of the respondent, or a period of six (6)
months for every administrative offense, nor shall said penalty be a
bar to the candidacy of the respondent so suspended as long as he meets
the qualifications required for the office."
"When the respondent has been
meted two (2) or more penalties of suspension for two (2) or more
administrative offenses, such penalties shall be served successively."
Sec. 7.
This Administrative Order shall take effect immediately.
Done in the
City of Manila, this 25th day of November, in the year of Our Lord,
nineteen hundred and ninety four.
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