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ADMINISTRATIVE ORDER NO. 23
ADMINISTRATIVE ORDER NO. 23 -
PRESCRIBING 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
prescribe the rules and procedures governing 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,
pursuant to Section s 60 to 66 of Republic Act No. 7160, otherwise known
as the 1991 Local Government Code, in relation to Rule XIX, Articles
124 to 130 of the Implementing Rules and Regulations approved and
adopted under Administrative Order No. 270, s. of 1992, and Sec. 9
of Executive Order No. 392, s. of 1990, as follows:
RULE
1
PRELIMINARY PROVISIONS
Section 1. Coverage. — These rules and procedures
shall apply to administrative disciplinary cases filed against: (a) the
governors, and members of the sangguniang panlalawigan; (b) the mayors,
vice mayors, and members of the sangguniang panlungsod of highly
urbanized cities, independent component cities, and component cities;
and (c) the mayors, vice mayors, and members of the sangguniang
panlungsod or bayan of cities or municipalities in Metropolitan Manila.
Sec. 2. Disciplinary 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 (DILG) for the
purpose.
RULE
2
GROUNDS FOR ADMINISTRATIVE
DISCIPLINARY ACTION
Section 1. Grounds. — An elective local official may
be disciplined, suspended, or removed from office on any of the
following grounds:
a)
Disloyalty to the Republic of the Philippines;
b) Culpable
violation of the Constitution;
c) Dishonesty,
oppression, misconduct in office, gross negligence, or dereliction of
duty;
d) Commission
of any offenses involving moral turpitude or an offenses punishable by
at least prision mayor, which is from six (6) years and one (1) day to
twelve (12) years imprisonment.
e) Abuse of
authority;
f)
Unauthorized absence for fifteen (15) consecutive working days in case
of local chief executives and four (4) consecutive sessions in the case
of members of the sangguniang;
g) Application
for, or acquisition of, foreign citizenship or residence of the status
of an immigrant of another country; and
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.
RULE
3
COMPLAINT
Section 1. How initiated. — An administrative case
may be initiated by any private individual or any government officer or
employee by filing a sworn written complaint against any elective local
official enumerated under Sec. 1, Rule I hereof. It may also be
initiated motu proprio by the Office of the President or any government
agency duly authorized by law to ensure that local government units
(LGUs) act within their prescribed powers and functions.
Sec. 2. Form of complaint. — The complaint,
accompanied by affidavits of witness or evidences in support of the
charge, shall be addressed to the President. It shall be drawn in
clear, simple, and concise language and in methodical manner as to
apprise the respondent of the nature of the charge against him and to
enable him to prepare his defense. The party filing the complaint shall
be called the complainant, while the official against whom the
complaint is filed shall be called the respondent.
Sec. 3. Where filed. — The complaint shall be
filed with the Records Office, Office of the President,
Malacañang, Manila. However, for cases against elective
officials of LGUs concerned outside Metropolitan Manila, the complaint
may be filed through the concerned Regional Director of the DILG, who
shall transmit the same to the Secretary of the Interior and Local
Government, within forty-eight (48) hours from receipt thereof. In this
regard, the Regional Director concerned shall authenticate all the
pertinent documents presented to him.
Upon receipt of the said documents, the Secretary of the Interior and
Local Government shall transmit the same to the Office of the
President, within forty-eight (48) hours from receipt of the same.
A copy of the complaint shall be furnished to each of the following:
a)
the Office of the Governor in the case of component cities;
b) the
Metropolitan Manila Authority in the case of cities and municipalities
in Metropolitan Manila; and
c) the DILG in
all cases.
Sec. 4. Filing fee. — A fee of Two Hundred Pesos
(P200.00) shall be charged for every complaint filed with the Office of
the President, payable to the "Cashier, Office of the President."
Pauper complaints duly certified as such in accordance with the Rules
of Court shall be exempted from the payment of the filing fee.
RULE
4
ANSWER
Section 1. Notice. — Within seven (7) days after the
complaint is filed, the Disciplining Authority shall issue an order
requiring the respondent to submit his verified answer within fifteen
(15) days from his receipt thereof. In the case of complaints filed
through the DILG Regional Office, the said order shall be coursed
through the Secretary of the Interior and Local Government.
Sec. 2. Form of answer. — The answer, accompanied
by affidavits of witnesses or evidences in support of the defense,
shall be addressed to the President and shall be drawn in clear,
simple, and concise language and in methodical manner as to traverse
the charge.
Sec. 3. Where filed. — The answer shall be
submitted to the Records Office, Office of the President, Manila.
However, for cases against elective officials of LGUs concerned outside
Metropolitan Manila, the answer may be submitted through the concerned
Regional Director of the DILG, who shall transmit the same to the
Secretary of the Interior and Local Government, within forty-eight (48)
hours from receipt thereof. In this regard, the Regional Director
concerned shall authenticate all the pertinent documents presented to
him.
Upon receipt of the above documents, the Secretary of the Interior and
Local Government shall transmit the same to the Office of the
President, within forty-eight (48) hours from receipt of the same.
A copy of the answer shall be furnished to each of the following:
a)
the complainant;
b) the Office
of the Governor in the case of component cities;
c) the
Metropolitan Manila Authority in the case of cities and municipalities
in Metropolitan Manila; and
d) the DILG in
all cases.
Sec. 4. Failure to answer. — Unreasonable failure
of respondent to file his verified answer within fifteen (15) days from
receipt of the complaint against him shall be considered as waiver of
his right to present evidence in his behalf.
RULE
5
PRELIMINARY INVESTIGATION
Section 1. Commencement. — Within forty-eight (48)
hours from receipt of the answer, the Disciplining Authority shall
refer the complaint and answer, together with their attachments and
other relevant papers, to the Investigating Authority who shall
commence the investigation of the case within ten (10) days from
receipt of the same.
Sec. 2. Failure to commence preliminary
investigation. — Unreasonable failure to commence the preliminary
investigation within the prescribed period by the person or persons
assigned to investigate shall be a ground for administrative
disciplinary action.
Sec. 3. Evaluation. — Within twenty (20) days from
receipt of the complaint and answer, the Investigating Authority shall
determine whether there is a prima facie case to warrant the
institution of formal administrative proceedings.
Sec. 4. Dismissal motu propio. — If the
Investigating Authority determines that there is no prima facie case to
warrant the institution of formal administrative proceedings, it shall,
within the same period prescribed under the preceding Section , submit
its recommendation to the Disciplining Authority for the motu proprio
dismissal of the case, together with the recommended decision,
resolution, and order.
Sec. 5. Preliminary conference. — If the
Investigating Authority determines that there is prima facie case to
warrant the institution of formal administrative proceedings, it shall,
within the same period prescribed under the preceding section, summon
the parties to a preliminary conference to consider the following:
a)
Whether the parties desire a formal investigation or are willing to
submit the case for resolution on the basis of the evidence on record;
and
b) If the
parties desire a formal investigation, to consider the simplification
of issues, the possibility of obtaining stipulation or admission of
facts and of documents, specifically affidavits and depositions, to
avoid unnecessary proof, the limitation of number of witnesses, and
such other matters as may aid the prompt disposition of the case.
The Investigating Authority shall encourage the parties and their
counsels to enter, at any stage of the proceedings, into amicable
settlement, compromise and arbitration, the terms and conditions of
which shall be subject to the approval of the Disciplining Authority.
After the preliminary conference, the Investigating Authority shall
issue and Order reciting the matters taken up thereon, including the
facts stipulated and the evidences marked, if any. Such order shall
limit the issues for hearing to those not disposed of by agreement or
admission of the parties, and shall schedule the formal investigation
within ten (10) days from its issuance, unless a later date is mutually
agreed in writing by the parties concerned.
Sec. 6. Venue of hearing. — When the respondent is
an elective official of a province or highly urbanized city, the
preliminary investigation as contemplated in this Rule shall be
conducted in the place where he renders or holds office. For all other
local elective officials, the venue shall be the place where the
sanggunian concerned is located.
Sec. 7. 90-day ban. — No preliminary investigation
shall be imposed within ninety (90) days immediately prior to any local
election.
RULE
6
PREVENTIVE SUSPENSION
Section 1. Power to suspend. — Preventive suspension
may be imposed by the Disciplining Authority in cases where the
respondent is an elective official of the following LGUs:
a) provinces;
b) highly
urbanized cities;
c) independent
component cities; and
d) cities and
municipalities in Metropolitan Manila.
The governor shall, upon the direct order of the Disciplining
Authority, preventively suspend an elective official of a component
city, who is under formal administrative investigation by the Office of
the President.
Sec. 2. 90-day ban. — No preventive suspension
shall be imposed within ninety (90) days immediately prior to any local
election. If the preventive suspension has been imposed prior to the
90-day period immediately preceding a local election, it shall be
deemed automatically lifted upon the start of aforesaid period.
Sec. 3. Grounds. — Preventive suspension may be
imposed at any time after the issues are joined, that is, after
respondent has answered the complaint, when the evidence of guilt is
strong and, given the gravity of the offense, there is a great
probability that the continuance in office of the respondent could
influence the witnesses or pose a threat to the safety and integrity of
the records and other evidence.
Sec. 4. Duration. — Any single preventive
suspension of local elective officials shall not extend beyond sixty
(60) days; provided that, in the event that several administrative
cases are filed against an elective official, he cannot be preventively
suspended for more than ninety (90) days within a single year on the
same ground or grounds existing and known at the time of the first
suspension.
Sec. 5. Automatic reinstatement. — Upon expiration
of the preventive suspension, the suspended elective official shall be
deemed reinstated in office without prejudice to the continuation of
the proceedings against him, which shall be terminated within one
hundred twenty (120) days from the time he was formally notified of the
case against him. However, if the delay in the proceeding of the case
is due to his fault, or request, other than the appeal duly filed, the
duration of such delay shall not be counted in computing the time of
termination of the case.
Sec. 6. Salary of respondent pending suspension. —
The respondent, who is preventively suspended from office, shall
receive no salary or compensation during such suspension; but, upon
subsequent exoneration and reinstatement, he shall be paid his full
salary or compensation, including such emoluments accruing during such
suspension.
RULE
7
FORMAL INVESTIGATION
Section 1. Procedural due process. — The respondent
shall be accorded full opportunity to appear and defend himself in
person or by counsel, to confront and cross-examine the witnesses
against him, and to require the attendance of witnesses and the
production of documents through the compulsory process of subpoena or
subpoena duces tecum.
Sec. 2. Who conducts the hearing. — The formal
administrative investigation shall be conducted by the Investigating
Authority.
Sec. 3. Failure to commence formal investigation.
— Unreasonable failure to commence the formal investigation within the
prescribed period in the preliminary conference order by the person or
persons assigned to investigate shall be aground for administrative
disciplinary action.
Sec. 4. Power to take testimony or receive
evidence. — The Investigating Authority is hereby authorized to take
testimony or receive evidence relevant to the administrative
proceedings, which authority shall include the power to administer
oaths, summon witnesses, and require the production of documents by
subpoena duces tecum pursuant to Book 1, Chapter 9, Sec. 37 of the
Administrative Code of 1987.
Anyone who, without lawful excuse, fails to appear upon summons issued
under authority of the preceding paragraph or who, appearing before the
Investigating Authority exercising the power therein defined, refuses
to make oath, give testimony or produce documents for inspection, when
lawfully required, shall be subject to discipline as in case of
contempt of court and, upon application by the Investigating Authority,
shall be dealt with by the judge of the proper regional trial court in
the manner provided for under Book VII, Chapter 3, Sec. 13, in
relation to Chapter 1, Sec. 2 (1), of the Administrative Code of
1987.
Sec. 5. Notice of hearing. — The parties and their
witnesses shall be notified by subpoena of the scheduled hearing at
least five (5) days before the date thereof, stating the date, time and
place of the hearing.
Sec. 6. Venue of hearing. — When the respondent is
an elective official of a province or highly urbanized city, the formal
investigation as contemplated in this Rule shall be conducted in the
place where he renders or holds office. For all other local elective
officials, the venue shall be the place where the sanggunian concerned
is located.
Sec. 7. Request for subpoena. — If a party
desires the attendance of a witness or the production of documents, he
should make formally request for the issuance of the necessary subpoena
or subpoena duces tecum at least three (3) days before the scheduled
hearing.
Sec. 8. Postponement. — Postponement of
investigation shall be discouraged and shall be allowed only in
meritorious cases, like illness of the parties or counsels and other
similar case. No postponement for a period longer than seven (7) days
shall be allowed, and in no case shall the total number of
postponements for one party be more than twenty (20) days.
Sec. 9. Stenographic record of proceedings. — The
testimony of each witness and the manifestation of the parties and
counsels during an investigation shall be taken in shorthand or
stenotype. A transcript of the proceedings made by the official
stenographer or stenotypist and duly certified by him shall be prima
facie a correct statement of such proceedings.
Sec. 10. Order of hearing. — Unless otherwise
directed by the Investigating Authority, the order of a hearing shall
be as follows:
a)
The complaint shall produce the evidence on his part;
b) The
respondent shall then offer evidence in support of his defense; and
c) The parties
may then respectively offer rebutting evidence, unless the
Investigating Authority, for good reasons and in the furtherance of
justice, permits them to offer evidence upon their original case.
Sec. 11. Order of Examination. — The order in
which a witness may be examined shall be as follows:
a)
Direct examination by the proponent;
b) Cross
examination by the opponent;
c) Re-direct
examination by the proponent; and
d) Re-cross
examination by the opponent.
Sec. 12. Termination of formal investigation. —
The formal investigation of the case shall be terminated by the
Investigating Authority within ninety (90) days from the start thereof.
Unreasonable failure to complete the formal investigation after the
said period by the person or persons assigned to investigate shall be a
ground for disciplinary action.
Sec. 13. Memoranda. — The Investigating Authority
may allow the parties to submit their respective memoranda, together
with their respective draft resolutions and orders for consideration of
the Investigating Authority, within fifteen (15) days after the
termination of the formal investigation.
RULE
8
EVIDENCE
Section 1. Rules of evidence. — In administrative
disciplinary proceedings —
a) The Investigating Authority may admit and give
probative value to evidence commonly accepted by reasonably prudent men
in the conduct of their affairs;
b) Documentary evidence may be received in the form
of copies or excepts, if the original is not readily available. Upon
request, the parties shall be given opportunity to compare the copy
with the original. If the original is in the official custody of a
public officer, a certified copy thereof may be accepted; and
c) The Investigating Authority may take notice of
judicially cognizable facts and of generally technical or scientific
facts within it specialized knowledge. The parties shall be
notified and afforded an opportunity to contest the facts so noticed.
Sec. 2. Marking. — All documentary evidence or
exhibits shall be properly marked by letter (A, B, C, etc.), if
presented by the complainants, and by numbers (1, 2, 3, etc.), if
presented by the respondent. They shall be attached to the records or,
if voluminous, kept in a separate folder marked "Folder of Exhibits",
which shall also be attached to the records.
RULE
9
REPORT OF INVESTIGATING
AUTHORITY AND
TRANSMISSION OF RECORDS
Section 1. Transmission of Records to Disciplining
Authority. — The Investigating Authority shall forward to the
Disciplining Authority its findings and recommendations, together with
the following:
a)
the draft decision, resolution and order;
b) the
complete records with each page consecutively numbered and initialed by
the custodian of the records;
c) a summary
of proceedings thereon from the filing of the complaint to the
transmittal of the records in chronological order indicating the action
taken on the incidents involved; and
d) a list of
all pleadings, motions, manifestations, annexes, exhibits, and other
papers or documents filed by the contending parties, as well as the
corresponding orders or resolutions.
Such documents shall be
forwarded to the Disciplining Authority within twenty (20) days —
a) from
receipt of the last pleading and evidence, if any, in case the
respondent does not elect a formal investigation;
b) after the
expiration of the period within which to submit the same; or after the
termination of the formal investigation; or
c) after the
parties have submitted their respective Memoranda if so allowed.
The transcript of the proceedings shall be paged consecutively and in
chronological order, sewed on the left-hand side, and properly indexed,
showing the page on which the testimony of each witness begins.
Sec. 2. Records classification. — Records in
administrative disciplinary cases are classified as confidential in
nature and any information as to the charges, accusation, or facts
adduced may not be released, and such records may not be available,
except to the proper authorities and, upon request, to the
parties-in-interest or their authorized representatives on the
"need-to-know" basis pursuant to Memorandum Circular No. 78 dated
August 14, 1964, as amended by Memorandum Circular No. 196 dated July
19, 1968, prescribing rules governing security of classified matter in
government offices.
RULE
10
DECISION
Section 1. Rendition of decision. — Within thirty
(30) days after receipt of the report of the Investigating Authority
and the transmittal of records, the Disciplining Authority shall render
a decision in writing stating clearly and distinctly the facts and
reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
Sec. 2. Finality of decision. — The decision of
the Disciplining Authority shall become final and executory after the
lapse of thirty (30) days from receipt of a copy thereof by the
complainant or the respondent, as the case may be, unless a motion for
reconsideration is filed within the said such period. Save in
exceptionally meritorious cases, only one motion for reconsideration by
any one party shall be allowed, which shall suspend the running of the
30-day reglementary period.
Sec. 3. Execution pending appeal. — An appeal
shall not prevent a decision from becoming final or executory. The
respondent shall be considered as having been placed under preventive
suspension during the pendency of an appeal. In the event the appeal
results in an exoneration, the respondent shall be paid his salary and
such other emoluments accruing during the pendency of the appeal.
RULE
11
PENALTIES
Section 1. Suspension or removal. — A respondent
found guilty of any of the offenses enumerated in Rule 2 hereof may be
meted the penalty of suspension or removal depending on the evidence
presented and the aggravating or mitigating circumstances that may be
considered by the Disciplining Authority.
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.
Sec. 3. Removal. — An elective local official may
be removed from office on the grounds enumerated in Rule 2 hereof by
order of the proper court or the Disciplining Authority whichever first
acquires jurisdiction to the exclusion of the other.
The penalty or removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the
respondent for any elective position.
RULE
12
EXECUTIVE CLEMENCY
Section 1. Removal of administrative penalties or
disabilities. — In meritorious cases, the President may, after his
decision has become final and executory, commute or remove
administrative penalties and disabilities imposed upon elective local
officials in administrative disciplinary cases, subject to such terms
and conditions as he may imposed in the interest of the service.
RULE
13
MISCELLANEOUS PROVISIONS
Section 1. Effects and application of relevant laws.
— This Administrative Order implements the Local Government Code of
1991 and its Implementing Rules and Regulations approved and adopted
under Administrative Order No. 270 dated February 21, 1992; Book VI,
Chapter 3, Section s 10-16 of the Administrative Code of 1983; and
Executive Order No. 26 dated October 7, 1992. In all matters not
provided in this Administrative Order, the Rules of Court and the 1987
Administrative Code shall apply in a suppletory character.
Sec. 2. Repeal. — Administrative Order No. 195
dated September 10, 1990, as amended by Administrative Order No. 239
dated September 27, 1991, is hereby repealed.
Sec. 3. Effectivity. — This Administrative Order
shall take effect fifteen (15) days from publication in the Official
Gazette.
Done in the City of Manila,
this 17th day of December, in the year of Our Lord, nineteen hundred
and ninety-two.
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