Professional Documents
Culture Documents
Regional SDS
Director (
Sec 3.3 Rule III, and Sec 4.3, Rule IV, IRR
(Section 4.3, Rule IV,
of RA 9155 and RA 4670) IRR of RA 9155)
Non-teaching Non-teaching
Personnel in their Personnel only in
Teachers respective their respective
regions divisions
Procedure in Commencing
Administrative Cases -
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
MOTION FOR
RECONSIDERATION/APPEAL
SC
CA
Appeal/MR
CSC Appeal/MR
Secretary
Deped Appeal/MR
Appeal/ MR
MR
DECISION
of RD/SDS
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
PRELIMINARY INVESTIGATION
A Preliminary Investigation is a proceeding
undertaken to determine whether a prima
facie case exists to warrant the issuance of a
formal charge. It involves a fact-finding
investigation or an ex-parte examination of
records and documents submitted by the
complainant and the person/s complained
of, as well as documents readily available
from other government offices. Section 15,
Rule 4, RRACCS
Prima Facie case-
A prima facie case shall mean
that there is reasonable ground
to believe that the respondent
is probably guilty of the
charge/s against him, and
should be investigated
accordingly.
COMMENCEMENT AND DURATION OF
FACT- FINDING/PRELIMINARY
INVESTGIATION
INVESTIGATOR- Within
5 days from receipt of the
designation
DISMISSAL FORMAL
OF THE FACT-FACT
PREVENTIVE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL of
the Formal
ANSWER
charge if the
answer is
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
Issuance of Formal Charge
a specification of charge(s),
a brief statement of material or relevant facts accompanied by
certified true copies of documentary evidence, if any,
sworn statements covering the testimony of witnesses, if any,
a directive to answer under oath the charge(s) in writing in not
less than seventy-two (72) hours from receipt thereof,
an advice for the respondent to indicate in his answer whether
or not he elects a formal investigation of the charge (s) and
a notice that he is entitled to be assisted by a counsel of his
choice.
Teresita L. Salva vs. Flaviana M. Valle, G.R. No. 193773, April 2,
2013
EFFECT OF the issuance of A FORMAL
CHARGE WITHOUT FFI/PI
The filing by petitioner of formal charges
against the respondents without complying
with the mandated preliminary investigation
or at least give the respondents the
opportunity to comment violated the latters
right to due process. Hence, the formal
charges are void ab initio and may be assailed
directly or indirectly. Winston Garcia vs. Mario Molina and Albert Velasco,
.
G.R. Nos. 157383 and 174137, August 10, 2010
Section 11.
Submission of Additional Evidence
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
ANSWER SECTION 13
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
PREVENTIVE SUSPENSION ( Sec. 15)
Dishonesty
Oppression
Grave Misconduct
Neglect in the Performance of Duty;
or
If there are reasons to believe that
the respondent is guilty of the
charge(s) which would warrant his
removal from the service
Section 16. Reason for Preventive
Suspension
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
Formal Investigation shall be
conducted:
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine
DECISION
Section 42. Period to Render
Decision The disciplining
authority shall render his
Decision on the case within
thirty (30) days from receipt of
the Report of Investigation.
Section 43. Decision of the Secretary of Education in
Administrative Cases against Presidential
Appointees
Decision of the Secretary over administrative cases
against Presidential Appointees shall be subject to
confirmation, modification, or disapproval by the
President. The final Order or Resolution of the
President confirming, modifying or disapproving
the decision of the Secretary in administrative
cases against a Presidential Appointee shall be
subject to a Motion for Reconsideration or to an
appeal to the Court of Appeals under Rule 43 of the
Rules of Court, within the period provided in
Section 4 of the Rule 43 of the Rules of Court.
Section 44. Decision of the Secretary of
Education in Administrative Cases Against
Non-Presidential Appointees
Appeal/ MR
MR
DECISION
of RD/SDS
Appeal/ MR
MR
DECISION
of RD/SDS
Fraudulent Reimbursements
To counterfeit or forge;
to make something false;
to give a false appearance
to anything. The
alteration of, addition
to, or tampering with a
record or document.
Notes on Falsification
Important Elements: 1)Malicious intent; 2) Prejudice to
the Government or to an innocent third
party
Documents commonly falsified
Physical fitness
Good faith
Taking undue advantage of official position
Taking undue advantage of subordinate
Undue disclosure of confidential information
Use of government property in the commission of the offense
Habituality
Offense is committed during office hours and within the
premises of the office or building
Employment of fraudulent means to commit or conceal the
offense
Length of service in the government
Education, or
Other analogous circumstances
Nevertheless, in the appreciation thereof, the same must be
invoked or pleaded by the proper party, otherwise, said
circumstances shall not be considered in the imposition of the
proper penalty. The Commission, however, in the interest of
substantial justice may take and consider these
circumstances.
Section 60. Manner of Imposition When applicable, the
imposition of the penalty may be made in accordance with
the manner provided herein below:
DISMISSAL FORMAL
FACT-FACT
PREVENTIVE
OF THE
COMPLAINT if FINDING/PI CHARGE SUSPENSION
no Prima facie
case
DISMISSAL OF
THE FORMAL
ANSWER
CHARGE IF THE
ANSWER IS
SATISFACTORY
FORMAL INVESTIGATION
DISMISSAL of
the formal CONVICTION
charge for lack
of substantial DECISION Dismissal/suspension
Demotion/reprimand
evidence fine