2017 Comprehensive BJMP Administrative Disciplinary Machinery

January 26, 2017

BJMP MANUAL

2017 COMPREHENSIVE BJMP ADMINISTRATIVE DISCIPLINARY MACHINERY

RULE I

Preliminary Provisions

SECTION 1. Title. — These Rules shall be known and cited as the "2017 COMPREHENSIVE BJMP ADMINISTRATIVE DISCIPLINARY MACHINERY".

SECTION 2. Scope and Application. — These Rules shall apply to all administrative cases filed against uniformed and non-uniformed personnel and define the powers, duties and procedures to be observed by the personnel officers, investigators, prosecutors, hearing officers and the disciplining authorities in the formulation and implementation of decisions, resolutions and orders duly issued. In addition, it shall provide an avenue for the private parties with broken interpersonal relations to exhaust the possibility to settle their case/s amicably pursuant to existing policies. HTcADC

Uniformed personnel with the rank of at least Jail Senior Superintendent shall be governed by the pertinent rules of the Department of the Interior and Local Government (DILG) or the Office of the President (OP), as the case may be.

SECTION 3. Purpose. — These Rules shall govern the dispensation of administrative justice in the BJMP by the most economical and expeditious means, most responsive to the needs of all stakeholders and sufficient to protect public service. It shall also ensure uniformity in adjudication of administrative complaints against erring personnel.

SECTION 4. Construction. — These Rules shall be liberally construed to attain just and expeditious disposition of administrative cases against erring personnel so as to ensure public accountability and utmost discipline in the jail service.

SECTION 5. Nature of Proceedings. — The investigation, prosecution and hearing before the administrative disciplining authorities shall be summary and inquisitorial in nature and shall not necessarily adhere to the technical rules of procedure observed in judicial proceedings. The pertinent provisions of the Civil Service Law, Rules and Regulations as well as the Revised Rules of Court shall be applied suppletorily.

RULE II

General Provisions

SECTION 1. Definition of Terms. — As used in these Rules, the following terms shall be understood to mean as follows: CAIHTE

a. Adjudication — is a process which involves determination of the rights and interests of the parties involved and decide on the basis of law and evidence adduced after hearing with respect to the matters in issue.

b. Answer — a pleading in which a respondent or other adverse party sets forth the negative and affirmative defenses upon which he relies.

c. Breach of Internal Discipline — any offense committed by personnel affecting the order and discipline within the organization.

d. Clarificatory Conference — a stage in speedy administrative proceeding conducted consistent with due process to determine the culpability or innocence of the respondent through searching clarificatory questions propounded by the hearing officer to the complainant, respondent or witnesses in order to aid him in the judicious resolution of the administrative case.

e. Complainant — one who commences a complaint against a personnel either as a complaining witness or as a concerned government agency or office.

f. Complaint — a written sworn statement stating a particular act/s, wrong or injury sustained by a person. A communication in good faith that discloses or demonstrates an intention to disclose information that malfeasance, misfeasance, nonfeasance have occurred.

g. Confirmation of Dismissal — is a process by which a decision rendered by the Chief, BJMP or Regional Director imposing the penalty of removal/dismissal from the service shall be executory only after confirmation by the Secretary of the Interior and Local Government (SILG).

h. Decision — a written disposition by the disciplining authority or appellate body stating clearly the facts and the law upon which it is based.

i. Finality of Decision — there is finality of decision when after the lapse of fifteen (15) days from receipt or notice thereof, no motion for reconsideration or appeal has been filed in accordance with these Rules except those which are immediately executory. aScITE

j. Formal Charge — an accusation in writing against erring personnel signed by the National or Regional Bureau Prosecutor, as the case may be, or, in his absence, by the Director for Investigation and Prosecution (DIP) or Chief, Regional Investigation and Prosecution Division (C, RIPD) and filed before the National or Regional Hearing Office.

k. Forum Shopping — the filing of several complaints arising from one and the same cause of action involving the same parties asking for the same relief with the different administrative disciplining authorities.

l. Habitual Respondent — personnel who was formally charged administratively for at least three (3) times and was found culpable in any one of them and meted a penalty not lower than one (1) month suspension.

m. Pending Case — refers to a case when the respondent had been formally charged before any disciplining authorities or during the pendency of an appeal with any of the appellate bodies.

n. Prima Facie Evidence — is defined as evidence good and sufficient on its face. Such evidence as in the judgment of the law is sufficient to establish a given fact or chain of facts constituting the party's claim or defense and which if not rebutted or contradicted will remain sufficient.

o. Reglementary Period — a period required by law or these Rules to perform a specific act. In the computation of a period of time, the first day shall be excluded and the last day shall be included unless it falls on a Saturday, Sunday or a legal holiday, in which case, the last day shall fall on the next working day.

p. Repeatedly Charged — a person who has been previously charged for a grave or less grave offense and found guilty thereof and is again charged of another offense.

q. Resolution — a written disposition by the hearing officer, stating his findings of facts and law upon which it is based. It may also be called as such in disposing of a motion for reconsideration.

r. Subpoena Ad Testificandum — a process directed to a person requiring him to appear and testify in a clarificatory conference.

s. Subpoena Duces Tecum — a process directing a person to appear and bring with him books, documents or things under his care and control during clarificatory conference. DETACa

t. Summons — a written notice informing the respondent that he is charged with an administrative offense and directing him to submit an Answer.

RULE III

Disciplining Authorities

SECTION 1. Disciplining Authorities. — The following are administrative disciplining authorities over personnel:

a. President of the Republic of the Philippines;

b. Secretary of the Interior and Local Government;

c. Chief, Bureau of Jail Management and Penology; and

d. Regional Directors.

SECTION 2. Jurisdiction. —

a. The OP shall have the original jurisdiction for administrative cases filed against uniformed personnel holding the rank of at least Jail Chief Superintendent.

b. The SILG shall have the original jurisdiction for administrative cases filed against uniformed personnel holding the rank of Jail Senior Superintendent.

c. The Chief, BJMP shall have the original jurisdiction for administrative cases filed against both uniformed and non-uniformed personnel. However, for the uniformed personnel, his jurisdiction shall be limited only to those with the rank of Jail Inspector to Jail Superintendent as well as Jail Officer 1 to Senior Jail Officer 4 assigned at the National Headquarters (NHQ) and those undergoing schooling, training or on detail.

d. The Regional Directors shall have original jurisdiction for administrative cases filed against uniformed personnel holding the rank of Jail Officer 1 to Senior Jail Officer 4 assigned in their respective regions. However, for those holding the rank of Jail Inspector to Jail Superintendent assigned in their respective regions, he may recommend, whatever may be his findings for the Chief, BJMP to decide.

SECTION 3. Other Provisions Relating to the Power and Jurisdiction of the Disciplining Authorities. — In the exercise of their authority, disciplining authorities may require the surrender and take temporary custody or cause the deposit of government issued firearm/s and other government equipment in possession of personnel under initial investigation to the Supply Accountable Officer (SAO) until the case is decided or where the exigency of the service so requires. HEITAD

RULE IV

Investigation, Prosecution, and Hearing

SECTION 1. Investigation. — The initial investigation of all complaints consisting of fact-finding and gathering of evidence for case build-up shall be under the supervision of the DIP. In the regional level, the RIPD shall conduct the initial investigation provided that when the DIP assumes or takes over the conduct thereof, the former must yield to the latter. In which case, the RIPD shall assist in the conduct of initial investigation especially in instances where its assistance is requested upon by the DIP.

SECTION 2. Investigators. — The DIP as well as the RIPD shall have sufficient number of competent and credible personnel possessing high degree of integrity or probity who shall conduct initial investigation through fact-finding and gathering of solid evidence for case build-up relative to incident of transgression of established rules.

SECTION 3. Investigation Report. — Investigator-on-Case (IOC) shall submit Investigation Report (IR) on matters subject of initial investigation which shall state the authority, matter/s investigated, facts of the case, discussion and recommendation.

In the conduct of initial investigation by the RIPD involving personnel holding the rank of Jail Officer 1 to Senior Jail Officer 4 assigned in the regions, the IR duly approved by the Assistant Regional Director for Administration (ARDA) shall not be the subject of summary evaluation by the DIP, unless tainted with irregularity/ies as determined, by the DIP upon receipt of the copy of IR.

If the RIPD finds prima facie evidence to warrant the filing of a formal charge, the Regional Bureau Prosecutor shall immediately cause the preparation and filing thereof before the Regional Hearing Office.

In the conduct of initial investigation by the RIPD involving personnel holding the rank of Jail Inspector to Jail Superintendent assigned in the regions, the IR duly approved by the ARDA shall be transmitted by the Regional Director to the NHQ for the summary evaluation of the DIP. As such, a separate IR, therefore, for Jail Commissioned Officer/s (JCOs) shall be forwarded separately in order not to delay the filing of formal charge against Jail Non-Commissioned Officer/s (JNCO) in cases where they are jointly subject of initial investigation for a particular offense. In instances, however, where personnel have been found positive for use of illegal drugs after confirmatory test, a formal charge shall be immediately filed before the Regional Hearing Office in case/s involving JNCOs. IR for JCOs found positive for use of illegal drugs after confirmatory test shall be immediately forwarded to the DIP for immediate summary evaluation and thereafter, cause the filing of the formal charge before the National Hearing Office without delay. aDSIHc

SECTION 4. Summary Evaluation Report. — Investigation Division of the DIP shall conduct summary evaluation of the IR submitted by the regional offices relative to the conduct of initial investigation involving personnel holding the rank of Jail Inspector to Jail Superintendent. Likewise, subject of summary evaluation are those IR, regardless of rank, which are found by the DIP to have been tainted with irregularity/ies upon receipt thereof.

SECTION 5. Prosecution. — Authority to file a formal charge shall be primarily vested in the National or Regional Bureau Prosecutors, or in their absence, in the DIP or C, RIPD, who shall represent the bureau and prosecute erring personnel before the National or Regional Hearing Office within their respective jurisdiction. For this purpose, the authority to prosecute shall also be vested in the National or Regional Bureau Prosecutors together with their Assistants within their respective assignments.

SECTION 6. National Bureau Prosecutor. — A National Bureau Prosecutor shall be designated in the NHQ who shall concurrently serve as the Chief, Prosecution Division, DIP who must be a member of the Bar. He shall be designated by the Chief, BJMP upon the recommendation of the DIP. National Bureau Prosecutor shall exercise supervisory powers over all Regional Bureau Prosecutors together with all Assistant Bureau Prosecutors.

SECTION 7. Regional Bureau Prosecutors. — Each regional office shall have its own Regional Bureau Prosecutor who shall concurrently serve as the Chief, Prosecution Section of the RIPD who must be at least Bachelor of Laws graduate and preferably, carries the rank of Jail Inspector. He shall exercise supervisory powers over Assistant Bureau Prosecutor/s assigned in their respective regions.

Regional Bureau Prosecutors shall be designated by the Chief, BJMP upon the recommendation of the National Bureau Prosecutor with the concurrence of the DIP. No designated Regional Bureau Prosecutor shall be transferred to another region unless recommended by the National Bureau Prosecutor with the concurrence of the DIP.

In the absence of a duly designated Regional Bureau Prosecutor, the C, RIPD of each region shall act and be responsible in prosecuting all administrative cases filed before the Regional Hearing Office. ATICcS

SECTION 8. Assistant Bureau Prosecutors. — The National Bureau Prosecutor as well as the Regional Bureau Prosecutors may recommend the designation of Assistant Bureau Prosecutor/s in their respective jurisdiction, as the need arises, to assist in prosecuting cases. Chief, BJMP shall designate Assistant Bureau Prosecutor/s upon the recommendation of the National Bureau Prosecutor with the concurrence of the DIP.

SECTION 9. Hearing. — Hearing offices shall have original and concurrent jurisdiction over all personnel charged with administrative offenses.

A National Hearing Office shall be established in the NHQ headed by a National Hearing Officer, assisted by Associate Hearing Officer/s, as the need arises, together with the office staffs. It shall have the authority to hear, resolve and review on reconsideration or appeal administrative cases under the jurisdiction of the Chief, BJMP to decide as the disciplining authority.

Likewise, there shall be Regional Hearing Office in every regional office headed by a Regional Hearing Officer assisted by Associate Hearing Officer/s, as the need arises, together with the office staffs. It shall have the authority to hear, resolve and review on reconsideration administrative cases under the jurisdiction of the Regional Director to decide as disciplining authority.

NHQ and the regional offices shall provide a hearing room for the conduct of administrative/quasi-judicial proceedings and shall allocate priority funding for this purpose subject to existing rules and regulations.

SECTION 10. National Hearing Officer. — A National Hearing Officer shall be designated in the NHQ who shall concurrently serve as Chief, Hearing and Alternative Dispute Resolution (ADR) Section, Legal Service Office. National Hearing Officer shall exercise supervisory powers over all Regional Hearing Officers together with all Associate Hearing Officers.

The National Hearing Officer shall hear and resolve cases of all non-uniformed personnel, uniformed personnel assigned at the NHQ, those on schooling, training or on detail as well as JCOs found positive for use of illegal drugs. He shall, likewise, be responsible in evaluating resolutions of Regional Hearing Officers or of their Associates on cases against personnel holding the rank of Jail Inspector to Jail Superintendent. He shall also review on reconsideration cases decided by the Chief, BJMP or on appeal all cases decided by the Regional Directors.

The Chief, Legal Service Office shall recommend the designation of National Hearing Officer, who is a member of the Bar, and who shall carry the rank of at least Jail Senior Inspector.

SECTION 11. Regional Hearing Officers. — Each regional office shall have a Regional Hearing Officer designated by the Chief, BJMP upon the recommendation of the National Hearing Officer with the concurrence of the Chief, Legal Service Office, NHQ preferably from among the members of the Bar with the rank of at least Jail Senior Inspector. He shall exercise supervisory powers over Associate Hearing Officer/s in their jurisdiction. ETHIDa

Regional Hearing Officer shall have the authority to hear and resolve, with dispatch, administrative cases within the jurisdiction of the Regional Director to decide.

SECTION 12. Associate Hearing Officers. — There shall be Associate Hearing Officers designated in the National as well as Regional Hearing Offices under the immediate supervision of either the National or Regional Hearing Officers in their assigned offices. Associate Hearing Officers shall assist the National or Regional Hearing Officers in the prompt hearing and disposition of cases pending before the National or Regional Hearing Offices. Thus, they are, likewise, vested with the authority to hear and resolve, with dispatch, administrative cases assigned or raffled to them in their respective hearing offices.

Associate Hearing Officer must be (a) a member of the Bar or (b) a graduate of Bachelor of Laws or Juris Doctor  with the rank of at least Jail Inspector and has the competence to hear and resolve administrative cases.

SECTION 13. Common Provisions to All Hearing Officers. —

a. Authority to hear and resolve administrative cases filed in the National or Regional Hearing Offices shall be vested in the designated National or Regional Hearing Officer/s together with their Associate/s.

b. BJMP shall have such number of qualified and competent Hearing Officers as may be necessary for the hearing and disposition of administrative cases. In no case shall Hearing Officers represent any personnel charged administratively before the National or Regional Hearing Offices.

c. National Hearing Officer shall recommend with the concurrence of the Chief, Legal Service Office to the Chief, BJMP the designation of Regional Hearing Officers and Associate Hearing Officer/s in the National Hearing Office or Regional Hearing Offices, as the need arises. No designated Hearing Officer shall be transferred to another region unless recommended by the National Hearing Officer with the concurrence of the Chief, Legal Service Office, NHQ and duly approved by the Chief, BJMP. TIADCc

d. Hearing Officers shall have original and concurrent jurisdiction over all personnel charged with administrative cases within their respective area of responsibility. In case respondent has been transferred to another administrative jurisdiction pending the disposition of his administrative case, the Hearing Officer who first acquired original jurisdiction over the case shall continue conducting administrative proceedings until termination of the same. He shall, therefore, submit his resolution containing his findings and recommendations to the Regional Director in the region for rendition of decision. Thereafter, Regional Director shall forward his decision to the Chief, BJMP for issuance of implementing order except when the respondent was transferred back to his area of jurisdiction, in which case, the Regional Director shall immediately issue an implementing order. In any case, respondent shall not be transferred to another administrative jurisdiction pending the disposition of the case, unless ordered by the Chief, BJMP in the exigency of the service.

e. Hearing Officers may perform other tasks given by the Chief, BJMP or Regional Director in the exigency of the service provided that his primary duties shall not be adversely affected by the imposition of additional tasks.

f. Only competent and credible personnel holding the rank of Jail Inspector to Jail Superintendent possessing a high degree of integrity or probity shall be designated as Hearing Officers.

SECTION 14. Special Hearing Officers. — The Chief, BJMP may, upon the recommendation of the National Hearing Officer with the concurrence of the Chief, Legal Service Office, NHQ, designate Special Hearing Officer/s for a particular case/s who shall have the same qualifications with that of National or Regional Hearing Officers or their Associates in those regions which do not have regular Regional Hearing Officers or their Associates or where the hearing officer has inhibited himself from hearing a case for some valid reason/s.

SECTION 15. Clerk of Hearing Office. — Each administrative region shall designate its own Clerk of Hearing Office who, preferably, has finished at least second year Bachelor of Laws. The Clerk of Hearing Office shall be responsible in receiving formal charge, docketing the same and sending notices to all parties. He may, likewise, sign for and in behalf of the National or Regional Hearing Officer or his Associate/s subpoenas, upon instruction of the latter, in order not to delay the adjudication of the case/s. He shall, likewise, be responsible in the calendar of clarificatory conference and receiving all subsequent pleadings. cSEDTC

He shall, likewise, be responsible for recording all matters taken up during the administrative proceedings. Certified copy/ies of the minutes of the hearing shall be furnished upon request and at the expense of the requesting party. The taking of stenographic notes during the hearing shall not be required. It is sufficient that minutes of the hearing be made duly certified by the Clerk of Hearing Office. The BJMP shall exert efforts to provide each hearing office with audio-video recording devices to record the proceedings for purposes of reference and review.

SECTION 16. Legal Researcher. — Each Hearing Office shall have its own Legal Researcher, under the supervision of the National or Regional Hearing Officer, whose primary function is to research on jurisprudence, applicable laws, rules and regulations as the concerned hearing officer may direct.

SECTION 17. Process Server. — Each hearing office shall have its own Process Server, under the supervision of the National or Regional Hearing Officer, who shall be responsible in serving summons, subpoena ad testificandum  and subpoena duces tecum  to all persons as the concerned Hearing Officer may direct. Provided , that wardens, or his duly designated representative, may be authorized/deputized to serve summons and other legal processes in his AOR.

RULE V

Administrative Offenses

SECTION 1. Offenses. — The following are the offenses with the corresponding penalties/range of penalties.

A. GRAVE OFFENSES

a. Gross Neglect of Duty

First Offense — dismissal

b. Grave Misconduct

First Offense — dismissal

c. Serious Dishonesty

First Offense — dismissal

d. Being Notoriously Undesirable

First Offense — dismissal AIDSTE

e. Conviction of a Crime Involving Moral Turpitude

First Offense — dismissal

f. Nepotism

First Offense — dismissal

g. Physical or Mental Incapacity or Disability Due to Vicious Habits

First Offense — dismissal

h. Conduct Unbecoming of a Jail Officer

First Offense — dismissal

B. OTHER GRAVE OFFENSES

a. Less Serious Dishonesty

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

b. Oppression

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

c. Gross Insubordination

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

d. Disgraceful and Immoral Conduct

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal SDAaTC

e. Inefficiency and Incompetence in the Performance of Official Duties

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

f. Conduct Grossly Prejudicial to the Best Interest of the Service

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

g. Frequent Unauthorized Absences

First Offense — suspension for six (6) months & one (1) day to one (1) year

Second Offense — one (1) year suspension or demotion

Third Offense — dismissal

C. LESS GRAVE OFFENSES

a. Failure to File Sworn Statements of Assets, Liabilities and Net Worth and Disclosure of Business Interest and Financial Connections including those of their Spouses and Unmarried Children under eighteen (18) years of age living in their households

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

b. Simple Neglect of Duty

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal AaCTcI

c. Simple Insubordination

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

d. Gross Discourtesy in the Conduct of Official Duties

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

e. Gross Violation of Existing Civil Service Laws and Rules

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

f. Habitual Drunkenness While on Duty

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

g. Simple Misconduct

First Offense — suspension for one (1) month and one (1) day to six (6) months

Second Offense — dismissal

h. Engaging Directly or Indirectly in Partisan Political Activities by One Holding Non-Political Office

First Offense — suspension for one (1) month & one (1) day to six (6) months

Second Offense — dismissal

i. Simple Dishonesty

First Offense — suspension for one (1) month and one (1) day to six (6) months

Second Offense — suspension for six (6) months & one (1) day to one (1) year

Third Offense — dismissal acEHCD

D. LIGHT OFFENSES

a. Simple Discourtesy in the Course of Official Duties

First Offense — reprimand

Second Offense — suspension for one (1) day to thirty (30) days

Third Offense — dismissal

b. Violation of Reasonable Office Rules and Regulations

First Offense — reprimand

Second Offense — suspension for one (1) day to thirty (30) days

Third Offense — dismissal

c. Borrowing of Money by Superior Officers from Subordinate

First Offense — reprimand

Second Offense — suspension for one (1) day to thirty (30) days

Third Offense — dismissal

d. Willful failure to pay just debts

First Offense — reprimand

Second Offense — suspension for one (1) day to thirty (30) days

Third Offense — dismissal

SECTION 2. Neglect of Duty. — It is the omission or refusal, without sufficient excuse, to perform an act or duty, which is the personnel's legal obligation to perform and which the law requires him to perform by reason of his office; it implies a duty as well as its breach and the act can never be focused in the absence of a duty.

Gross Neglect of Duty is incurred by personnel who shall:

a. fail or refuse to perform official duty resulting to escape of persons deprived of liberty (PDL) or non-accomplishment of an important duty or task;

b. fail or refuse to take command in an emergency in order to carry out a duty, being the officer present with the highest rank or position;

c. fail to prevent or suppress any unlawful act of a subordinate being committed in his presence or fail to report the same to authorities within twenty-four (24) hours upon discovery; EcTCAD

d. fail to apprehend and/or arrest PDL, visitors and/or personnel committing a criminal act in his presence and/or fail to report the same to authorities within twenty-four (24) hours upon discovery;

e. fail to perform assigned mission without valid justification or fail to participate in an operation authorized by his superiors without valid reason;

f. fail to administer first-aid when able or convey to the nearest hospital, victims of jail riots and other disturbances when able to do so;

g. fail to submit himself to random drug test without justifiable cause;

h. fail to undergo mandatory training without justifiable cause; and

i. fail to perform other acts analogous to the foregoing.

Simple Neglect of Duty is incurred by personnel who shall:

a. fail to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transactions;

b. fail to comply, without justifiable reason with the order of the court as custodian of PDL such as but not limited to order, subpoena, produce order, or notice of hearing;

c. fail, without justifiable cause, to comply with the order of the court to appear and testify on matters connected with his duty after having been duly notified and/or subpoenaed;

d. fail to take immediate correction or take appropriate action when a dereliction, irregularity or violation of law or duty is about to be committed, being committed or has been committed by a subordinate under his command;

e. fail to report immediately to his superior officer injury, illness, death or escape of PDL under his custody;

f. fail to inform superior officer/s any information that will be beneficial or will lead to the recovery of an escapee;

g. fail to report, as duty officer, any incident, condition or occurrence witnessed by or reported to him for immediate action; SDHTEC

h. fail to properly guard his post or leave or abandon the same without being properly relieved, provided that when improper guarding, leaving, and abandonment, has resulted to escape, the charge shall be gross neglect of duty;

i. sleeping while on duty, provided that when an escape occurred while the officer was asleep, the appropriate charge shall be gross neglect of duty;

j. unjustified deviation during the escorting of PDL, provided that when an escape or untoward incident occurred during or due to deviation, the proper charge shall be gross neglect of duty;

k. fail to take custody of government-issued property from a member under his supervision who is under investigation or has been suspended, separated, retired or who died;

l. fail to monitor and provide correction, counseling, advice or admonition to immediate subordinates who violate rules and regulations or who engage in any wrongdoings, vices, immoral or illegal activities;

m. absent oneself from office without having filed the necessary application for leave for more than three (3) days but less than fifteen (15) days, either prior to or immediately thereafter; and

n. fail to perform other acts analogous with and related to the characterization of neglect of duty as defined above.

For purposes of determining what constitute attempted, frustrated and consummated escape with respect to escape incidents, the following circumstances shall govern:

Stages of escape of PDL from the jail premises.

a. It is attempted stage when the PDL who is in the initial act of escape is caught in the act of climbing the perimeter fence or getting out of the window grills, control gate or any opening that could be used for egress but prevented from leaving the jail premises.

b. It is frustrated stage when the PDL is discovered or accosted after successfully climbing a perimeter fence or getting out of the window grills, control gate or any opening for egress and is about to slip away but immediately recovered after discovery and without leaving away from jail premises. HSAcaE

c. It is consummated when the PDL successfully slipped away from the jail premises unnoticed.

Stages of escape of PDL during escorting duties

a. It is frustrated stage when the PDL, during escorting or in transit, is able to get away from the control of his escort personnel but immediately recovered by the latter in such a way that said PDL was prevented from evading custody.

b. All other escapes in transit, movement or while attending hearings or medical, mental or dental check-ups that enable the PDL to slip away from the control of his escort/s through whatever means and successfully escape from custody are considered as consummated stage.

Stages of escape of PDL while in hospital confinement.

a. It is attempted stage when a PDL, while confined in the hospital, is in the act of getting away from the control of the escort personnel, and is immediately recovered by the duty personnel himself.

b. It is frustrated stage when the PDL is able to get out unnoticed from a window, door, or any opening in the hospital used as egress by the PDL but is discovered and immediately recovered.

c. In instances where PDL is able to successfully leave the hospital premises unnoticed through whatever means without being discovered by the hospital duty personnel and though later recovered irrespective of the lapse of time shall be considered as consummated stage.

In all instances, only frustrated and consummated stages of escape shall be punishable. As such, the personnel on duty at the time of the incident may be charged with neglect of duty and/or other administrative offense/s deemed appropriate after investigation.

SECTION 3. Misconduct. — It is the doing, either through ignorance, inattention or malice, of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuses his powers.

Misconduct generally means wrongful, improper or unlawful conduct, motivated by premeditated, obstinate or intentional purpose. It usually refers to transgression of some established and definite rule of action, where no discretion is left except what necessity may demand; it does not necessarily imply corruption or criminal intention but implies wrongful intention and not mere error of judgment.

The following, among others, shall constitute Grave Misconduct: AScHCD

a. receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons or committing acts punishable under the anti-graft laws;

b. soliciting or accepting directly or indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value while in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature;

c. being disloyal to the Republic of the Philippines and to the Filipino people;

d. maltreatment or abuse of a PDL especially those acts punishable and falling within the definition of torture pursuant to RA 9745 or the Anti-Torture Act;

e. taking advantage of his authority to solicit sexual favor or make immoral or indecent advances from the PDL, his spouse, daughter, sister or any relative within the same degree by affinity of the PDL;

f. agreeing to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such personnel, personally or through the mediation of another;

g. accepting gifts offered to him by reason of his office;

h. failing or refusing to surrender or deposit his service firearm, badge and/or service vehicle if any, upon demand by his superior officer for purposes of investigation or by reason of suspension; HESIcT

i. conniving with or consenting to the commission of violation of laws, rules and regulations especially those that tend to undermine the security of the jail and the rehabilitation and development programs of the BJMP, e.g. , engaging directly or indirectly in illegal gambling activities in jail/office premises, engaging or abetting drinking spree or partaking of liquor or intoxicating substance inside jails/office premises;

j. conniving with or consenting to the escape of a PDL;

k. tolerating the commission of an offense/crime inside the jail;

l. facilitating, consenting to or in connivance with any person, in the entry of or sneaking-in of contrabands inside jail such as but not limited to: cellular phone, electronic and other recording devices, bladed/improvised weapon, firearms, explosives, excessive amount of money, illegal drugs, cigars/cigarettes, tobacco, liquors, wines and other intoxicating substances intended for use/trade/sale/profits of PDL inside the jail;

m. found to be engaged in selling, trading, administering, dispensing, delivering, giving away to another, distributing, dispatching in transit, transporting or trafficking of dangerous drugs as defined and penalized under R.A. 9165 or positive for use of dangerous drugs after confirmatory test;

n. consenting to or tolerating the maltreatment, abuse or torture of PDL by personnel or other PDL upon the instigation of or with the consent of or acquiescence of personnel;

o. assigning to jail aides of tasks and functions of jail officers, such as but not limited to: handling of jail keys or firearms and other restraining devices, manning of main or control gates and doors, conduct of security checks, searching of contrabands, reception and orientation including booking of newly committed PDL, counting of PDL including custody and management of jail records;

p. escorting PDL in any place other than those specified in the court order;

q. directly or indirectly have financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something; and AcICHD

r. commit other acts analogous with and related to the characterization of misconduct as defined above, provided that the elements of corruption, clear intent to violate the law or flagrant disregard of established rule is/are evident.

The following, among others, shall constitute Simple Misconduct:

a. recommend any person to any position in private enterprise which has a regular or pending official transaction with his office, unless such recommendation or referral is mandated by law, or international agreements, commitment and obligation, or as a part of the function of his office;

b. discrimination of rendering public service due to party affiliations or religious preference;

c. being under the influence of liquor while on duty;

d. maliciously intriguing against the honor of a co-personnel, or indulge in idle gossip or spread rumors that tend to discredit another member; provided that if the damage caused is so grave, so much so that it affects or ruins the personal reputation of a fellow personnel, which would lead to or has resulted to separation or relational disharmony, in which case, the same shall be Grave Misconduct;

e. serve as escort or security officer to any person other than a PDL, unless officially authorized by his superior officer;

f. take a trip abroad without prior approved leave of absence or authority to travel;

g. engage in the private practice of his profession without prior authority from the Chief, BJMP or any authorized official duly designated to approve the same;

h. engage in improper or unauthorized solicitation of contributions from PDL;

i. fight, threaten or quarrel with any member of the BJMP; provided, that when the member being challenged or threatened is one of higher rank, the offense shall be grave misconduct; caITAC

j. mislead his superiors with regard to absence on account of sickness;

k. utilizing PDL to render personal service to personnel such as but not limited to: laundry, shining of shoes and uniform paraphernalia, body massage, manicure/pedicure, haircut, cleaning of personnel barracks and personnel comfort room/s, personnel food and drinks preparation, cleaning/washing of personnel vehicles; provided however, that laundry, body massage, manicure/pedicure, haircut, washing/cleaning and repair of personnel vehicles and the likes shall not constitute misconduct if it is part of the official livelihood projects of the Inmates Welfare and Development (IWD) program as certified by the warden and provided that personnel will avail those services during their off-duty hours/days and that they have paid for those services rendered; and

l. commit other acts analogous with and related to the characterization of misconduct as defined above, provided that the elements of corruption, clear intent to violate the law or flagrant disregard of established rule is/are evident.

SECTION 4. Violation of Reasonable Office Rules and Regulations. — The following offenses shall constitute violation of reasonable office rules and regulations:

a. failure to salute officials, dignitaries, superior, commissioned officers and other officials entitled thereto or the national colors during the playing of the national anthem;

b. untidy or shabby in his personal appearance and behave in an ungentlemanly and uncivilized manner;

c. violation of or non-compliance with any directive, policy, guidelines or order issued by competent authority; and

d. any other act analogous to the foregoing.

SECTION 5. Dishonesty. — It is incurred by any personnel who shall conceal, alter or distort the truth on a matter of fact relevant to his office, or connected with the performance of his duties. It is classified into serious, less serious and simple dishonesty.

Serious Dishonesty  shall be incurred by personnel if such offense is attended with:

a. the dishonest act caused serious damage and grave prejudice to the government; TAIaHE

b. where the respondent is an accountable officer, the dishonest act directly involves property, accountable forms or money for which he is directly accountable and the respondent shows an intent to commit material gain, graft and corruption;

c. the dishonest act exhibits moral depravity on the part of the respondent;

d. falsification of official documents;

e. the respondent employed fraud or falsification of official documents in the commission of the dishonest act related to his employment;

f. the dishonest act was committed several times or in various occasions;

g. the dishonest act involves a Civil Service Examination or Professional Regulation Commission Licensure Examination or Bar Examination irregularity or fake Bar, Board or Civil Service Eligibility such as impersonation, cheating and use of crib sheets; and

h. any other act analogous with the foregoing.

Less Serious Dishonesty is incurred when attended with circumstances wherein the dishonest act caused damage and prejudice to the government that is not so serious as to qualify under serious dishonesty, and the respondent did not take advantage of his position in committing the dishonest act.

Simple Dishonesty is committed if the dishonest act did not cause damage or prejudice to the government as well as those with no direct relation to or do not involve the duties and responsibilities of the respondent.

SECTION 6. Being Notoriously Undesirable. — These are personnel who are engaged directly or indirectly in illegal activities and those involved in irregularities, thus giving a negative mark on the credibility and image of the organization necessitating for their weeding out from the bureau.

SECTION 7. Conviction of a Crime Involving Moral Turpitude. — It is an act of baseness, vileness or depravity in the private and social duties which a man owes his fellow men, to society in general, contrary to the customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty or good morals. It implies something immoral in itself, regardless of the fact that it is punishable by law or not. The doing of the act itself and not its prohibition by statute fixes the moral turpitude. ICHDca

SECTION 8. Engaging Directly or Indirectly in Partisan Political Activities. — No personnel 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 personnel from expressing his views on current political problems or issues, or from mentioning the names of candidates for public office.

Partisan political activity means active support for or affiliation with a political party or candidate. This would include, among others, being delegate to any political convention, organization, delivering speeches, canvassing or soliciting votes or political support or contributions for any political party or candidate or, in general, becoming actively identified with the success or failure of any candidate or candidates for election of public office.

SECTION 9. Nepotism. — It is the bestowal of patronage or the appointment made in favor of a relative of the appointing or recommending authority, or of the Chief, BJMP or Regional Director, or of the persons exercising immediate supervision over the appointee. The term relative is limited to those who are related within the third degree either of consanguinity or of affinity.

SECTION 10. Oppression. — It imports an act of cruelty, severity, unlawful exaction, domination, or excessive use of authority. The exercise of the unlawful powers or other means in depriving an individual of his liberty or property against his will is generally an act of oppression.

SECTION 11. Disgraceful and Immoral Conduct. — It depicts moral depravity. It includes immoral and lewd advances projecting the abnormality of one's behavior consisting of libidinous desire for the opposite sex or of the same sex and the propensity to sexually harass members of the opposite or of the same sex.

If the offense was committed in work, education or training environment by a person who exercises authority, influence or moral ascendancy, he shall be prosecuted under the rules on sexual harassment.

SECTION 12. Insubordination. — It is the deliberate refusal of a subordinate to obey lawful orders from a superior. It imports a willful disregard of expressed or implied direction or a defiant attitude which is equivalent thereto, and word rebellious, mutinous and disobedient are often used as definitions or synonyms of insubordinate. It becomes gross when it is intentional or willful. cDHAES

The following, but not limited to, may constitute Insubordination :

a. refusal or failure, without justifiable reason, to submit himself for medical examination during the conduct of Annual Physical/Medical Examination;

b. refusal or failure, without justifiable reason, to submit medical examination result within the given period during the annual medical examination;

c. refusal or failure, without justifiable reason, to attend the conduct of Physical Fitness Test (PFT);

d. refusal or failure, without justifiable reason, to comply with the directive from the Hearing Officer to serve as witness;

e. refusal or failure, without justifiable reason, to report during Annual General Inspection;

f. refusal or failure, without justifiable reason, to report for duty during red or full alert status in view of emergencies or other contingencies which require presence of all personnel; and

g. any other acts analogous to the foregoing.

Notwithstanding the foregoing definition, there is no insubordination in cases where the personnel did not submit explanation, counter-affidavit or answer in an administrative or criminal investigation as a complained party but the same shall be deemed to have merely waived his right to be heard.

SECTION 13. Conduct Grossly Prejudicial to the Best Interest of the Service. — It is the willful, deliberate and malicious commission or omission by any personnel which is repugnant or nugatory to the bureau's vision, mission or objectives, dishonoring or disgracing his uniform, and placing the bureau in a bad light, whether or not he benefited from such commission or omission.

SECTION 14. Conduct Unbecoming of a Jail Officer. — An act or behavior exhibited by personnel, regardless of rank or position, done in his official or private capacity causing dishonor or disgrace to himself as a jail officer, seriously compromises his character and standing in the BJMP in such a manner as to indicate corrupt state of moral character which shows his unworthiness to remain in the jail service. TCAScE

SECTION 15. Habitual Drunkenness While on Duty. — It includes reporting for work while under the influence of alcohol or intoxicating liquor during office hours habitually. A habitual drunkard is one given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed, but it is not necessary that it be continuous or on a daily basis or occurrence. Reporting for duty under the influence of alcohol or intoxicating liquor the third time or more constitute habitual drunkenness.

SECTION 16. Discourtesy in the Course of Official Duties. — Discourtesy implies failure to observe the protocol and social usage and likewise the customs and traditions mandated by the service. It becomes gross when it is intentional, blatant or willful.

SECTION 17. Violation of Existing Civil Service Laws and Rules. — It includes the failure to observe the mandatory provisions of the civil service laws, its implementing rules and regulations, memorandum circulars and other issuances. It becomes gross when it is intentional, willful or blatant disregard.

SECTION 18. Frequent Unauthorized Absences. — BJMP personnel shall be considered habitually absent if he incurs unauthorized absences exceeding the allowable 2.5 days monthly leave credit for at least three (3) months in a semester or for at least three (3) consecutive months during the year.

SECTION 19. Willful failure to pay just debts. — Refusal or failure to pay just debts must be intentional, willful or blatant. The term "just debts" shall apply only to:

a. claims adjudicated by a court of law; or

b. claims the existence and justness of which are admitted by the debtor.

RULE VI

Administrative Penalties

SECTION 1. Sanctions which may be Imposed. — The following penalties may be imposed against erring personnel by the disciplining authorities according to their severity:

a. dismissal from the service;

b. demotion in rank;

c. suspension; ASEcHI

d. transfer;

e. fine; and

f. reprimand.

SECTION 2. Dismissal from the Service. — The penalty of dismissal from the service shall carry with it cancellation of eligibility, forfeiture of retirement benefits except terminal leave benefits, and the disqualification for reinstatement of reemployment in the government service. It may be imposed without prejudice to the respondent's criminal or civil liability. Accessory penalty need not be expressly stated in the decision to make it effective or executory.

The Chief, BJMP, may impose the penalty of dismissal from the service to any erring personnel except those holding the rank of at least Jail Senior Superintendent. On the other hand, the Regional Directors may impose the penalty of dismissal to personnel holding the rank of Jail Officer 1 to Senior Jail Officer 4 assigned in their respective regions. However, dismissal from the service shall not become effective until confirmed by the SILG or his duly authorized official acting in his behalf.

SECTION 3. Demotion in Rank. — In exceptional cases and at the discretion of the Chief, BJMP, he may, in lieu of dismissal, impose the penalty of demotion in rank to any uniformed personnel.

The Regional Director, under exceptional cases, may also impose demotion in rank for those holding the rank of Jail Officer 2 to Senior Jail Officer 4, in lieu of dismissal.

The penalty of demotion in rank shall carry with it disqualification for promotion for a period of 1 (one) year. In any case, the penalty of demotion shall not exceed more than one (1) rank.

SECTION 4. Suspension. — The penalty of suspension, which consists of the temporary separation or cessation of work of the respondent for the duration of the sanction, shall carry with it that of disqualification for promotion corresponding to the period of suspension. It shall not exceed one (1) year.

The penalty of suspension shall likewise carry with it forfeiture of pay and allowances corresponding to the period of suspension. cTDaEH

The personnel suspended shall not be entitled to salary and allowances during the period of suspension unless subsequently exonerated.

SECTION 5. Transfer. — The disciplining authorities may, in lieu of suspension, impose the penalty of transfer to any erring personnel. However, only the Chief, BJMP may impose the penalty of transfer to non-uniformed personnel.

The penalty of transfer shall carry with it disqualification for promotion for a period of six (6) months from the date respondent reports to the new position or unit.

But when the transfer is made in the interest or exigency of public service, the same shall not be considered a penalty but merely an exercise of management prerogative.

SECTION 6. Fine. — In exceptional cases and in the exigency of the service, the penalty of fine may be imposed in lieu of suspension. It shall in no case exceed the equivalent of six (6) months salary. However, at the discretion of the disciplining authority, it may or may not include allowances. Non-uniformed personnel may only be fined by the Chief, BJMP.

The penalty of fine shall carry with it disqualification for promotion corresponding to the period of fine. Should the respondent fail to pay in full the fine within the prescribed period, he shall be deemed to have failed to serve the penalty imposed, thus, the disqualification for promotion shall remain in effect until such time that the fine is fully paid.

SECTION 7. Reprimand. — A reprimand is a penalty, hence, it may not be imposed except for cause and after due process. However, a warning or an admonition shall not be considered a penalty.

SECTION 8. Qualifying Circumstances. — In the determination of the penalties to be imposed, mitigating, aggravating and alternative circumstances attendant to the commission of the offense shall be considered. Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the proper party in the Formal Charge or Answer, otherwise, said circumstances shall not be considered in the determination of the proper penalty to be imposed against the respondent concerned. ITAaHc

In case of habitual respondent or one who has been repeatedly charged as defined under Rule II, the same must be alleged in the Formal Charge, otherwise, the same can never be appreciated for the imposition of the appropriate penalty. However, the Hearing Officer in the interest of justice may take and consider mitigating circumstances which shall be binding upon the disciplining authority:

A. Mitigating Circumstances:

a. physical illness;

b. good faith;

c. poor facilities and equipment;

d. insufficient manpower;

e. recovery of escapees by respondent; and

f. other analogous circumstances.

B. Aggravating Circumstances:

a. taking advantage of official position;

b. taking undue advantage of a subordinate;

c. undue disclosure of confidential information;

d. use of government property in the commission of the offense;

e. employment of fraudulent means to commit or conceal an offense;

f. utilization of PDL in the commission of the offense;

g. habitual respondent;

h. repeatedly charged;

i. other analogous circumstances.

C. Alternative Circumstances:

a. length of service in the government;

b. rank or position;

c. degree of education; and

d. mandatory attendance in trainings, refresher courses, seminars, workshops and the like intended to update skills and/or improve character or address dysfunctionalities or vice; (e.g. , anger management, etc.). cSaATC

SECTION 9. Guidelines in the Application of Penalties. — The imposition of the penalties shall be made in accordance with the manner herein below provided:

a. if the respondent is found guilty of two or more offenses, the penalty imposed shall be that corresponding to the most serious charge and the rest may be considered as aggravating circumstances; and

b. if the penalty attached to the offense is not divisible into minimum, medium, and maximum periods, the same shall be applied. However, if the penalty attached to the offense is divisible into minimum, medium, and maximum periods, the following rules shall be observed:

1. the minimum of the penalty shall be imposed where only mitigating and no aggravating circumstances is present or when the mitigating outnumbers the aggravating circumstance/s;

2. the medium of the penalty shall be imposed where no mitigating and aggravating circumstances are present;

3. the maximum of the penalty shall be imposed where only aggravating and no mitigating circumstance/s present or when the aggravating outnumbers the mitigating circumstances; and

4. where there is an equal number of aggravating and mitigating circumstances, the same shall offset each other so that the medium of the penalty shall be applied.

RULE VII

Administrative Procedures

A. INITIATION OF ADMINISTRATIVE ACTION

SECTION 1. Administrative Action, How Initiated. — An administrative action or proceeding may be commenced by a written complaint under oath, accompanied by sworn statements or affidavits of witnesses and other evidence in support thereof filed before the office of the disciplining authorities.

SECTION 2. Complaint, Requirement. — No complaint against a personnel shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. CHTAIc

It must be written in a clear, simple and concise language and in a systematic manner to apprise the personnel of the nature and cause of the complaint against him and to enable him to intelligently prepare his defense.

SECTION 3. Complaint, Contents. — The initial complaint shall contain the following:

a. full name and present address of the complainant;

b. full name, rank, assignment and address of the personnel complained of;

c. detailed narration of ultimate and evidentiary facts which shows the acts or omissions allegedly committed by the personnel; and

d. certified true copies of the documentary evidence, if any, and sworn statements covering the testimony of his witnesses.

Absence of any one of the afore-cited requirements shall cause the outright dismissal of the complaint without prejudice to the re-filing of the same. In the interest of equity and justice, the complainant may be given reasonable time to comply with the requirements.

SECTION 4. Anonymous Complaint. — No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations set forth therein or if complaint is supported by documentary or direct evidence.

SECTION 5. Who may File a Complaint. — The following may file initial complaint before the disciplining authorities against any personnel:

a. private complainant — any person, natural or juridical, who suffered injury, harm or disturbance through an act or omission committed by personnel; and

b. nominal complainant — any personnel authorized to institute discipline and file charges by reason of his office or position.

SECTION 6. Where to File a Complaint. — A written initial complaint under oath, accompanied by sworn statements or affidavits of witnesses and other supporting documents stating the misdemeanor committed by any personnel shall be filed before the office of the disciplining authority having jurisdiction over the personnel concerned.

SECTION 7. Withdrawal of Complaint, Effect. — The withdrawal of the complaint or execution of affidavit of desistance by the complainant shall neither cause the dismissal or dropping of the complaint nor discharge the personnel from any administrative liability. cHDAIS

Where there is obvious truth or merit to the allegations in the complaint or where there is evidence that would tend to prove the guilt of the person complained of, the same should be given due course.

SECTION 8. Resort to Dropped From Rolls (DFR), Effect of. — When any personnel has been absent without official leave (AWOL) for a continuous period of thirty (30) working days or more, dropping from the rolls (DFR) shall first be resorted to being the fastest mode of terminating the personnel concerned from the service.

However, if for any reason, said personnel has been appointed once again in jail service, his previous act/s of having committed unauthorized absences shall be the basis for the DIP or RIPD, as the case may be, to charge said personnel of an administrative offense arising from such unauthorized absences. Provided that when such administrative case has already been filed prior to DFR but the national or regional hearing office failed to acquire jurisdiction over the person of the respondent, the same shall cause the outright dismissal of the case without prejudice to refiling if respondent is reappointed in jail service.

SECTION 9. Action on the Complaint. — Upon receipt of the complaint, the disciplining authority shall immediately refer the same to the DIP or RIPD, as the case may be, for the conduct of an initial investigation.

SECTION 10. Procedures in the Conduct of Initial Investigation. — The BJMP adopts a speedy, economical and responsive investigation which shall commence upon complaint either by a private or nominal party.

Upon direction of any disciplining authority on the basis of a written complaint by a nominal or private party, the DIP or RIPD, as the case may be, through their assigned investigator/s shall conduct initial investigation on their respective area of responsibility with due regard to the principles of jurisdiction and hierarchy of offices. If complained party is assigned at NHQ, or an investigator, bureau prosecutor, or hearing officer, such authority shall be exercised by the DIP.

Immediately upon receipt of the complaint with order to investigate, the investigator shall gather, with utmost confidentiality, all facts relevant to the case. At this stage of the investigation, no counter-affidavit or any evidence shall be required from the complained party so that he will not either be unduly vexed or prompted to tamper with evidence or unduly influence any witness. The investigator shall conduct and terminate an investigation within seventy-two (72) hours. Within the same period, he shall submit an IR together with supporting evidence to the Chief, Investigation Division or Section of the DIP or RIPD, as the case may be, for concurrence and referral to the National or Regional Bureau Prosecutor, also, for concurrence and drafting of the Formal Charge. The DIP or RIPD, as the case may be, shall recommend approval of the IR together with supporting evidence and the Formal Charge to the Deputy Chief for Administration (DCA) or ARDA, in the case of the regions, for approval if there exists prima facie evidence .

B. FILING AND DISPOSITION OF CASES

SECTION 11. Issuance of a Formal Charge. — After finding that there exists prima facie  evidence to warrant the filing of an administrative case, the National or Regional Bureau Prosecutor or in their absence, the DIP or RIPD shall formally charge the personnel complained of who shall now be called respondent.

The Formal Charge shall be filed before the National or Regional Hearing Office having jurisdiction of the respondent, as the case may be, in such number of copies as there are respondents, plus one copy thereof for the hearing Office. EATCcI

SECTION 12. Where to File the Formal Charge. — The Formal Charge shall be filed at the National Hearing Office for non-uniformed personnel and uniformed personnel assigned at the NHQ, including those on schooling or training or on detail. For uniformed personnel assigned at the Regional Offices, Formal Charge shall be filed at the respective Regional Hearing Offices, provided that for JCOs charged with grave misconduct after having been found positive for use of prohibited drugs after confirmatory test, the Formal Charge shall be filed at the National Hearing Office.

SECTION 13. Venue. — The case shall be heard where the case has been filed. However, in the interest of justice, the place of hearing may be transferred to another place at the instance of either of the parties subject to the sound discretion of the National or Regional Hearing Officer or their Associates, as the case may be.

SECTION 14. Who May File the Formal Charge. — The National Bureau Prosecutor or Regional Bureau Prosecutors or in their absence, the DIP or C, RIPD, as the case may be, are authorized to file the Formal Charge before the National or Regional Hearing Offices.

SECTION 15. Formal Charge, Contents. — The Formal Charge shall be verified and contain a certification of non-forum shopping and a specification of the charge, a statement of all ultimate and evidentiary facts, including statement of aggravating circumstances, if there be any, accompanied by certified true copies of the documentary evidence, if any, and sworn statements covering the testimony of witnesses. A Formal Charge alleging a generic or unspecified offense may be dismissed without prejudice to its re-filing.

SECTION 16. Singularity of Offense Charged. — A Formal Charge shall contain only but one charge.

SECTION 17. Determination of Prima Facie Case, Issuance of Summons and Order to Submit Answer. — Within three (3) days from the filing of the Formal Charge, the Hearing Officer concerned shall conduct his own determination of whether there exists prima facie  evidence. If he finds no prima facie  case, he shall recommend to the disciplining authority the outright dismissal of the case without prejudice. However, if the hearing officer finds that there exists a prima facie  evidence, he shall immediately cause the issuance of summons, attaching therewith a copy of the formal charge, sworn statements of witnesses and other supporting documents upon the respondent requiring him to submit his Answer or other responsive pleadings within five (5) days from receipt thereof. Motion for extension of time to file answer may be allowed but shall not be more than once and in no case shall exceed fifteen (15) days. ISHCcT

SECTION 18. Clarificatory Conference. — In respondent's Answer, he may indicate his option to submit the case for resolution based on his Answer and other available records, in such a case, the concerned Hearing Officer may proceed to set clarificatory conference, if he so desires in view of the need to clarify issues, where he may propound clarificatory questions to the respondent and/or to the witnesses, as well as, examine material and relevant matters which may be necessary in the determination of facts. In case the respondent failed to indicate in his Answer his option to submit the case for resolution, clarificatory conference may, nevertheless, be conducted if the merits of the case cannot be resolved without conducting the same. Submission of position papers may also be required by the Hearing Officer in order to aid him in the judicious resolution of the case.

Being summary and inquisitorial in nature, the role of respondent's counsel, if any, shall only be advisory and he cannot directly propound clarificatory questions. The entire proceedings of the clarificatory conference shall be under the full control of the concerned Hearing Officer. In no case shall a plea bargaining be allowed.

SECTION 19. To Whom and by Whom Served. — All notices, subpoena and summons and other office processes to the respondent/s shall be served by handing the same to him in person or counsel if represented, or, if he refuses to receive and sign for it, by tendering it to him. The process server of the National or Regional Hearing Office or any authorized personnel shall effect said service.

SECTION 20. How Served. — All notices, subpoena, summons and other Office processes to the respondent shall be personally delivered to him or counsel, if any, at his official jail unit/office, residence or law office. If for any reason, the respondent cannot be located thereat, the notice and summons shall be served at his last known address appearing in his Personal Data Sheet (PDS) with the Directorate for Personnel and Record Management (DPRM) or Personnel and Records Management Division (PRMD) at the regional offices.

SECTION 21. Constructive Service. — If for whatever reason, the respondent cannot be served personally despite diligent effort, service may be made by leaving a copy of the notice, subpoena and summons and other Office processes at the respondent's jail unit/office or at his residence with any person of sufficient age and discretion then residing therein, in which case, the concerned Hearing Officer may proceed to resolve the case in the absence of the respondent. DHITCc

SECTION 22. Failure to File an Answer, Effect of. — Failure or refusal on the part of the respondent to file or submit an Answer the concerned Hearing Officer finds no necessity to have a clarificatory conference, he may require the parties to submit position paper within a given period.

SECTION 23. Proceedings in the National or Regional Hearing Office. — Proceedings before the National or Regional Hearing Office shall be summary and inquisitorial in nature, without strictly adhering to the technical rules of evidence observed in ordinary court proceedings.

SECTION 24. Postponement. — Postponement of clarificatory conference shall be discouraged and shall be allowed only in meritorious cases, such as illness of a party or witness/es or other similar unavoidable causes. A request for postponement due to illness should be supported by a medical certificate.

SECTION 25. Request for Subpoena. — In case a party desires the attendance of a witness or the production of documents, he shall make a request for the issuance of the necessary subpoena at least five (5) days before the scheduled clarificatory conference.

SECTION 26. Issuance of Subpoena. — The concerned Hearing Officer may issue subpoena ad testificandum  to compel the attendance of witnesses and subpoena duces tecum  for the production of documents or things under the custody of the BJMP.

SECTION 27. Continuous Conference until Terminated. — A one-day clarificatory conference shall be conducted on the date set by the concerned Hearing Officer. If the one-day clarificatory conference proves insufficient to tackle all issues, the clarificatory conference shall continue on the next working day or if warranted by circumstances, on the next available working day.

The concerned Hearing Officer shall control the clarificatory conference. He may propound searching questions to any of the parties and their witnesses, as he may deem proper to elicit facts in order to aid him in the appreciation and disposition of the matters in issue. The conference shall proceed as scheduled based on dates agreed upon by the parties or his counsel notwithstanding the absence of one or both of them.

SECTION 28. Failure of Respondent to Appear on the Scheduled Clarificatory Conference, Effect of. — When respondent failed or refused to appear during the clarificatory conference without justifiable cause despite due notice, the conference shall proceed as scheduled. CAacTH

SECTION 29. Appearance of Counsel. — The appearance of counsel for the respondent during the clarificatory conference is not necessary. If a counsel appears before said conference, he shall manifest orally or in writing his appearance to assist a party, stating his full name, roll of attorneys number, IBP membership number and the latest MCLE compliance number including the address, mobile phone number, and email address, facebook or twitter account, if any, where he can be served with Office processes. Any pleading or motion of counsel without complying with the afore-stated requirements shall not be recognized or given due course.

However, the respondent may engage the services of non-lawyer as counsel to assist him during the conduct of clarificatory conference. For this purpose, the immediately preceding requirements are waived except the name and the complete address, mobile phone number, e-mail address, facebook or twitter address, mobile phone number, e-mail address, facebook or twitter account, if any, where notices and other Office processes can be served.

SECTION 30. Rules on Evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by law or existing rules and regulations. Technical rules of procedures observed in regular courts however apply suppletorily.

SECTION 31. Markings. — All documentary evidence or exhibits shall be properly marked by letters (A, B, C, etc.,) if presented by the prosecution and by number (1, 2, 3, etc.,) if presented by the respondent. These shall form part of the complete records of the case.

SECTION 32. Records of the Clarificatory Conference. — The proceedings of the clarificatory conference shall be taken into the record through the minutes of conference to be prepared by the designated Clerk of Hearing Office and certified correct by the concerned Hearing Officer. Subject to availability of equipment, an audio-video recording of the proceedings must be made to record the entire proceedings. The BJMP shall exert best efforts to procure audio-video recorders for the use of hearing offices nationwide.

SECTION 33. Death of Respondent, Effect of. — Death of the respondent during the pendency of the administrative case has the effect of dismissal of the case. Upon the presentation of a certified true copy of the death certificate, an Order dismissing the case shall be issued by the disciplining authority or appellate authority where the case is pending. cEaSHC

n affect the pendency of administrative case and the award of retirement benefits due him shall be subject to its final disposition.

In case the respondent who has retired is found guilty and the penalty imposed is suspension from the service, the corresponding amount covering the period of suspension shall be deducted from that portion of his retirement benefits under the law.

In the event, however, that the respondent has already resigned and/or been dropped from the rolls and he is found guilty and a penalty of suspension or fine is imposed, the corresponding amount relative to the period of suspension shall be deducted from whatever benefits to which respondent may be entitled.

SECTION 35. Failure to Prosecute, Effect of. — The failure to prosecute the case despite due notice shall be sufficient ground to dismiss the case where the culpability of the respondent could not be established or proven without the testimony of the complaining witness. However, before dismissing the case, the disciplining authority or hearing officer shall exert diligent efforts to locate the complainant and his witnesses and to inquire into the reasons for their failure to prosecute the case.

SECTION 36. Forum Shopping, Effect of. — Violation of the prohibition against forum shopping shall be a ground for the dismissal of the case motu proprio  or upon the motion of the respondent.

SECTION 37. Pending Administrative Case, Effect of. — A pending administrative case shall not cause the disqualification of any personnel from being promoted. However, if he is subsequently found liable in said administrative case and imposed with suspension, he shall be disqualified for promotion for a period corresponding to the duration of the penalty imposed. If the penalty imposed is demotion he shall be disqualified for promotion for a period of six (6) months upon the effectivity of his demotion.

Similarly, it shall not bar any personnel from taking a leave of absence from the service or undergo training or schooling, unless otherwise, extraordinary and compelling circumstances so dictates. Personnel shall not be required to secure a certificate of non-pending case for purposes of in-service career course training or schooling. Moreover, if the respondent was adjudged guilty while undergoing service-connected training or schooling, the implementation of the decision shall be held in abeyance until after the termination of his training or schooling. IAETDc

Transfer or reassignment of personnel with pending administrative cases to assignments outside the jurisdiction of the hearing officer is prohibited. In case transfer or reassignment has been ordered for meritorious reasons while the case is pending, disposition of which shall be given priority.

Any officer or personnel who shall violate or cause or cooperates in the violation of the above prohibitions shall be held administratively liable for Conduct Grossly Prejudicial to the Best Interest of the Service.

SECTION 38. Report on Pending Administrative Case. — The Regional Hearing Officer shall submit to their respective Regional Director a monthly report on the status of all administrative cases pending before their Office and, likewise, monthly report on acted administrative cases. All Regional Directors in turn shall submit a monthly updated report to the Chief, BJMP (Attention: Chief, Legal Service Office) .

SECTION 39. Docket Books. — A docket book shall be kept, in which all complaints shall be properly entered and given corresponding docket number according to the order of receipt. It shall contain the number and title of the administrative case, name and rank of the respondent, his place of assignment, date of the resolution and/or decision including the disposition thereof and the date when a motion for reconsideration or appeal was filed, if any.

SECTION 40. Prohibited Pleadings and Motions. — The following pleadings, motions or petitions shall not be allowed in cases covered by these Rules:

(a) motion to dismiss or to quash except on the grounds of lack of jurisdiction, or forum shopping;

(b) motion for bill of particulars;

(c) reply, third party complaints or intervention;

(d) motion for new investigation or reopening of investigation; and

(e) dilatory motion for postponement.

RULE VIII

Settlement in Administrative Cases

SECTION 1. Who May Avail. — In cases of less grave and light offenses, where the act complained of is interpersonal relationship between the complainant and the respondent and there is no apparent injury committed to the government, settlement thereof may be agreed upon by the parties. However, settlement shall not apply in the second offense for similar act committed by the same person within a period of five (5) years, reckoned from the commission of the first offense. CTIEac

SECTION 2. During Initial Investigation. — In cases where the personnel is under investigation for an administrative offense involving private complainant/s on conflict arising from interpersonal relationship, the Investigator-On-Case (IOC) may, as he deems it appropriate under the obtaining circumstances, refer the case for mediation. If the mediation process failed, the case shall be referred back to the IOC for appropriate action.

SECTION 3. Upon Filing of a Case. — In cases where an administrative case has already been filed against a personnel, the concerned Hearing Officer may, upon agreement of the parties during the clarificatory conference, refer the case for mediation provided that act complained of has nothing to do with the performance of official duty. If the mediation process failed, the case shall be referred back to the concerned Hearing Officer for the continuation of the hearing of the case.

SECTION 4. Compromise Agreement. — If mediation succeeds, a compromise agreement shall be executed between the parties and attested to by the mediator. Such agreement shall be binding on the parties and shall be considered a decision on the merits which cannot be impugned unless it is shown that there is duress on its execution on any of the parties. As a result, a decision shall be rendered by the disciplining authority based on the agreement.

SECTION 5. Nature of Decision based on Compromise Agreement. — A decision rendered by the disciplining authority based on compromise agreement is immediately executory.

SECTION 6. Non-Compliance of the Compromise Agreement. — In case of non-compliance with the compromise agreement, the aggrieved party may file a complaint to the DIP or RIPD, as the case may be, stating therein the manner by which their compromise agreement has been violated. The party complained of shall be given the opportunity to answer the complaint of the aggrieved party. After which, the Bureau Prosecutors shall determine whether there exists sufficient ground to reopen or revive the case. For this purpose, a decision rendered by the disciplining authority based on the compromise agreement may be revived or reopened within six (6) months reckoned from the date of non-compliance. DcHSEa

However, if no complaint has been filed after the lapse of six (6) months, the decision automatically becomes permanent and can no longer be reopened, except when the obligation is continuing in nature for more than six (6) months in which case it can be revived anytime, but without prejudice for the aggrieved party to resort to other remedies available under the law.

RULE IX

Preventive Suspension

SECTION 1. Nature of Preventive Suspension. — Preventive suspension is not a penalty. It is designed merely as a measure of precaution so that the personnel charged administratively may be removed from the scene of his alleged misfeasance, malfeasance or nonfeasance while the same is being investigated.

SECTION 2. When Issued; Grounds. — Upon motion of the Bureau Prosecutor or motu proprio , the concerned Hearing Officer may recommend to the Regional Director or Chief, BJMP, as the

a. serious dishonesty;

b. oppression;

c. grave misconduct;

d. gross neglect of duty;

e. other administrative offenses punishable by dismissal from the service; and

f. if there are reasons to believe that the respondent is guilty of the charges which would warrant his removal from the service.

However, the disciplining authority with or without the recommendation of the concerned Hearing Officer may issue an order of preventive suspension, provided that, a Formal Charge has been filed and served upon the respondent. For that purpose, the disciplining authority may require the Hearing Officer to issue a certification that a Formal Charge has already been filed and served upon respondent. SaCIDT

In lieu of preventive suspension, the Regional Director or Chief, BJMP, may reassign or transfer the respondent to other unit within the agency during formal investigation.

SECTION 3. Two Kinds of Preventive Suspension. — The preventive suspension of personnel who were charged with offenses punishable with removal and suspension may be classified as follows:

a) preventive suspension pending formal investigation; and

b) preventive suspension pending appeal.

SECTION 4. Preventive Suspension Pending Formal Investigation; Who may Issue? — In administrative cases involving uniformed personnel from the rank of Jail Officer 1 to Senior Jail Officer 4 assigned in the regions, the Regional Director, upon the recommendation of the Hearing Officer, may issue an order of preventive suspension during formal investigation.

In administrative cases involving personnel holding the rank of Jail Inspector to Jail Superintendent, Jail Officer 1 to Senior Jail Officer 4 assigned at the NHQ, including those on schooling or training or on detail and those filed against non-uniformed personnel, the Chief, BJMP, upon recommendation of the concerned Hearing Officer, may issue an order of preventive suspension in accordance with this Rule.

SECTION 5. Duration of Preventive Suspension. — Preventive suspension shall not exceed a maximum period of ninety (90) days. If the administrative case against personnel under preventive suspension is not finally decided within the period of ninety (90) days, the personnel concerned shall be automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence or motion of the respondent, in which case, the period of delay shall not be included in the counting of the period of the preventive suspension. Should the respondent be on authorized leave, such preventive suspension shall be deferred or interrupted until such time that the said leave had been fully enjoyed.

SECTION 6. Preventive Suspension Pending Formal Investigation; Requisites. — No preventive suspension shall be issued unless the following requisites exist:

1. the grounds under Section 2 of this Rule exist;

2. formal charge has been filed;

3. when the evidence of guilt is strong or when there is reasonable ground to believe that the respondent has committed the act or acts complained of; and SCaITA

4. when the continuance in office of the respondent could unduly influence the witnesses or pose a threat to the safety and integrity of the records and other evidence.

SECTION 7. Right to Salary of Personnel under Preventive Suspension; exception. — The personnel has no right to compensation during the period of preventive suspension pending formal investigation even if he is exonerated. Provided that, when the order of preventive suspension is unjustified, he shall be entitled to payment of back salaries corresponding to the period of preventive suspension.

It is understood that the order of preventive suspension is considered unjustified if any or all the requisites enumerated in the preceding section were not met. The order of preventive suspension is, likewise, unjustified if the same was issued without the Formal Charge and notice to the respondent.

Preventive suspension pending appeal shall give right to payment of back salaries if exonerated on appeal.

SECTION 8. Preventive Suspension Interrupts the Length of Service; Exception. — The period of preventive suspension is excluded in the computation of the length of service except where the preventive suspension of the personnel is unjustified and he is found entitled to payment of his back salaries under the preceding section.

SECTION 9. Procedure on the Issuance of Preventive Suspension. — After the filing of the Formal Charge and notice to the respondent, the concerned hearing officer may, upon petition of the Bureau Prosecutor or motu proprio , recommend to the Chief, BJMP or Regional Director, as the case may be, for the issuance of an order of preventive suspension if based on the evidence on record, the grounds for issuance thereof exist. Upon receipt of the recommendation, the Chief, BJMP or Regional Director may issue an order of preventive suspension or in lieu thereof, reassign the respondent to other units during the pendency of the case.

SECTION 10. Remedies from the Order of Preventive Suspension. — For the order of preventive suspension issued by the Regional Director, the same may be initially appealed to the Chief, BJMP within fifteen (15) days from receipt thereof before elevating the same to the SILG within the same period. The decision rendered by the SILG on the assailed order of preventive suspension may be appealed further to the Civil Service Commission proper within the same period and the latter's decision may be elevated to the Court of Appeals via Rule 43 of the Rules of Court. Pending appeal, the order of preventive suspension shall be executory unless otherwise restrained by the proper authority. cHECAS

The filing of an appeal shall not in any way suspend the conduct of clarificatory conference of the case.

SECTION 11. Grounds for Lifting of Preventive Suspension. — Preventive suspension may be lifted on any of the following grounds:

1. when the reassignment of the respondent to other units during the formal investigation has already been resorted to in the exigency of the service;

2. any of the grounds under Section 2 of this Rule do not exist;

3. the order of preventive suspension was issued without a formal charge or notice to the respondent; and

4. while lawful in the sense that it is based on the enumerated grounds, the duration of the imposed preventive suspension has exceeded the prescribed period.

RULE X

Resolution and Decision

SECTION 1. Resolution Defined. — Resolution, as used in these Rules, is the written findings by the Hearing Officer that the respondent is guilty or not guilty of the charge, and the recommendation of the appropriate sanction in case of conviction.

SECTION 2. Form and Contents of Resolution. — The resolution must be written in the official language, personally and directly prepared by the Hearing Officer and signed by him and shall contain clearly and distinctly a statement of facts proved or admitted by respondent and the law upon which the resolution is based. It shall, likewise, contain the charge, name of the respondent, his rank, office, place of assignment and designation.

If it is conviction, the resolution shall state:

(a) the legal qualification of the offense constituted by the acts committed or omitted by the respondent, and aggravating or mitigating circumstances attendant to the commission or omission thereof, if there be any; and

(b) the appropriate penalty recommended upon the respondent.

In case of exoneration, the resolution shall state the reasons thereof, as for insufficiency of evidence, lack of merit and others deemed fit by the Hearing Officer.

SECTION 3. Resolution of Two or More Offenses. — When two or more offenses are filed in the Formal Charge, but the respondent fails to object to it before hearing, the Hearing Officer may find him liable of as many offenses as are charged and proved, and recommend a sanction for each offense setting out separately the findings of fact and law in each offense. aTHCSE

SECTION 4. Reglementary Period for Rendition of Resolution. — Each case has to be resolved by the Hearing Officer with deliberate dispatch after the expiration of the required period within which to submit position paper, if there be any.

SECTION 5. Transmission of Resolution to the Appropriate Disciplining Authority. — In administrative cases involving uniformed personnel holding the rank of Jail Officer 1 to Senior Jail Officer 4, the Regional Hearing Officer shall forward his resolution or that of his Associate/s containing his findings and recommendation/s together with the record of the case to the Regional Director having jurisdiction over the personnel concerned for decision. However, for those involving uniformed personnel with the rank of Jail Inspectors to Jail Superintendents, the Regional Hearing Officer shall forward his resolution or that of his Associate/s containing his findings and recommendation/s together with the record of the case to the National Hearing Officer for evaluation and transmission to the Chief, BJMP for decision.

In administrative cases filed against non-uniformed personnel, those personnel holding the rank of Jail Inspectors to Jail Superintendent charged with grave misconduct for having found positive for the use of illegal drugs and those filed against personnel assigned in the NHQ including those on schooling, training or on detail, the National Hearing Officer shall forward his resolution or that of his Associate/s containing his findings and recommendation/s to the Chief, BJMP for decision. For personnel holding the rank of Jail Senior Superintendent, the Chief, BJMP shall forward the resolution to the SILG for decision.

SECTION 6. Decision Defined. — Decision, as used in these Rules, is the written conclusion by the disciplining authority whether or not he concurs with the findings and recommendation/s of the Hearing Officer, the adjudication that the respondent is guilty or not guilty of the offense charged including the reasons thereof.

SECTION 7. Form and Contents of Decision. — The decision must be written in the official language and signed by the disciplining authority, and shall contain a brief statement of the facts and the law resolved by the Hearing Officer. It shall, likewise, contain a declaration whether or not the disciplining authority concurs with the findings and recommendation of the Hearing Officer including the reasons thereof and the imposition of appropriate penalty in case of conviction.

SECTION 8. Reglementary Period for Rendition of Decision. — The disciplining authority shall render the decision with deliberate dispatch from the submission of the resolution by the Hearing Officer.

SECTION 9. Finality of Decision. — The decision of the Regional Director/Chief, BJMP/SILG, as the case may be, shall become final after the lapse of fifteen (15) days within which to file an appeal or motion for reconsideration reckoned from the date of receipt of the respondent and/or his counsel, if any.

SECTION 10. Certificate of Finality. — The disciplining authority of origin through the hearing office shall issue a Certificate of Finality of the Decision  finally disposing of the case after the same has become final and executory. In case an appeal has been filed, a certificate of appeal shall be issued for purposes of confirmation. AHDacC

SECTION 11. Execution of Decision. — All decisions imposing a penalty against erring personnel, except dismissal, shall be immediately executory after it becomes final. When the penalty imposed is removal or dismissal from the service, the same shall become effective and implemented only after confirmation by the SILG. In such instance, the decisions and records of the case shall be forwarded to the SILG for confirmation of the decision. Cases decide by the SILG or the Civil Service Commission or the Office of the Ombudsman shall be immediately implemented after attaining finality without need of confirmation.

The decision of the Regional Director or Chief, BJMP imposing a penalty of suspension for not more than thirty (30) days, or fine in an amount equivalent to or less than thirty (30) days salary shall be immediately final and executory. The right, however, of the respondent to avail of other remedies under existing laws, rules and regulations shall not be foreclosed.

SECTION 12. Implementing Orders; Who may Issue. — In cases decided by the Regional Director, the Chief, Personnel and Records Management Division (CPRMD) of the regional office concerned shall issue the appropriate implementing order within five (5) days upon the receipt of the decision together with a certificate of finality of the decision issued by the Regional Hearing Office, provided that in cases involving JCOs, the implementing order shall be issued by the Directorate for Personnel and Records Management (DPRM). A copy of which shall be furnished the Finance Service Office, Legal Service Office, other concerned offices and the respondent/s. When the penalty imposed by the Regional Director is removal/dismissal from the service, the same shall be issued only after confirmation by the SILG. Within five (5) days from the issuance of the implementing order, the Regional Director shall furnish the Chief, BJMP a copy of the implementing order, certificate of finality and decision.

In cases decided by the Chief, BJMP/SILG, the DPRM NHQ shall issue the appropriate implementing orders within five (5) days upon receipt of the decision together with certificate of finality of the decision issued by the National Hearing Office. A copy of which shall be furnished the Finance Service Office, Legal Service Office or other concerned Offices and the respondent/s. When the penalty imposed by the Chief, BJMP is removal/dismissal from the service, the same shall be issued only after confirmation by the SILG.

SECTION 13. Effect of Failure/Refusal to Implement the Decision of the Disciplining Authority. — Any personnel who fails or refuses without justifiable cause to implement the decision of the disciplining authority shall be held liable for Conduct Grossly Prejudicial to the Best Interest of the Service. cAaDHT

SECTION 14. Compilation of Decision. — The National as well as Regional Hearing Offices shall make a compilation of decisions by respective disciplining authorities. Said compilation shall be in hard bound copy with volume number and year of coverage. The copy of the decision shall be made available to other person upon request stating the reasons thereof subject to existing relevant laws and rules and the approval of the Regional Director or the Chief, BJMP, as the case may be, after execution and submission of a sworn undertaking relative to the use thereof.

RULE XI

Administrative Remedies

SECTION 1. Administrative Relief from Administrative Determination. — Relief from administrative determination may be had by asking a review or reconsideration of the same by the disciplining authorities. The aggrieved party should seek such remedy with the same or higher disciplining authority or appellate authority within the prescribed period as provided herein.

SECTION 2. Motion for Reconsideration. — A party adversely affected by the decision of the disciplining authority may file a motion for reconsideration with the same disciplining authority, within fifteen (15) days upon receipt of a copy of the decision. In which case, the disciplining authority concerned shall remand the motion to the hearing officer for appropriate action. The hearing officer shall either recommend the grant or denial of the motion. No motion for extension of time to file motion for reconsideration shall be entertained.

SECTION 3. Where to File Motion for Reconsideration. — A motion to seek reconsideration of the decision of the Regional Director, Chief, BJMP, or SILG shall be filed directly with the offices of the: Regional Director, Chief, BJMP, or SILG as the case may be. Upon receipt of the motion, the procedure outlined in the preceding section shall be followed.

SECTION 4. Effect of filing. — The filing of motion for reconsideration within the reglementary period of fifteen (15) days shall stay the execution of the decision sought to be reconsidered unless otherwise provided by law or jurisprudence.

A motion for reconsideration suspends the running of the period to appeal.

Only one (1) motion for reconsideration shall be filed by the party adversely affected by the decision of the disciplining authority. IDSEAH

SECTION 5. Effect of Filing of Motion by One or More of the Adverse Party. — The resolution denying or granting the motion by one or more of the adverse party shall not affect the other party who did not file the same, unless it is applicable or beneficial to such party at the discretion of the disciplining authority.

SECTION 6. Grounds for a Motion for Reconsideration. — The motion for reconsideration shall be based only on any of the following grounds:

a. newly discovered evidence which materially affects the decision rendered;

b. the decision is not supported by the evidence on record; or

c. errors of law, rules, or irregularities have been committed which are prejudicial to the interest of the movant.

SECTION 7. Form of Motion and Notice to the Prosecution and Adverse Party. — The motion for reconsideration shall be in writing and filed with the disciplining authority. It shall state the grounds on which it is based. If the motion is based on newly discovered evidence, it must be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated copies of documents which it proposes to introduce in evidence. Copy of the motion for reconsideration shall be served by the movant to the adverse party and the prosecutor before it is filed with the disciplining authority.

Failure to comply with the above requirements within the reglementary period shall cause the denial of the motion for reconsideration.

SECTION 8. Effects of Granting a Motion for Reconsideration. — The effects of granting a motion for reconsideration are the following:

a. when a motion is granted on the ground of errors of law, rules, or irregularities committed during the hearing, all the proceedings and evidence not affected by the commission of such errors and irregularities shall stand, but those affected thereby shall be set aside and taken anew; Hearing Officer may, in the interest of justice, allow the introduction of additional evidence;

b. when a motion is granted on newly discovered evidence, the evidence already taken shall stand, and the newly discovered evidence as the Hearing Officer may, in the interest of justice, allow to be introduced, shall be taken and considered together with the evidence already on record; and

c. in all cases, when the disciplining authority grants a motion for reconsideration, the original decision shall be set aside and a new decision be rendered accordingly. HCaDIS

SECTION 9. When the Motion was Filed before the Wrong Forum. — When the motion for reconsideration has been filed before the wrong forum, the same shall be deemed not filed.

SECTION 10. Appeal, Concept. — An appeal may be taken by the party adversely affected by the decision of the disciplining authorities to seek review of such decisions to be filed within the period as herein provided.

SECTION 11. Where to Appeal. — An appeal may be taken, as prescribed in these Rules, against any decisions of disciplining authorities:

a. Decisions by the Regional Directors, to the Chief, Bureau of Jail Management and Penology;

b. Decisions by the Chief, BJMP, to the SILG; and

c. Decisions by the SILG to the Civil Service Commission proper.

In case an appeal is denied by the Chief, BJMP, it shall be initially appealed to the SILG and finally appealed to the Civil Service Commission proper.

SECTION 12. Perfection of Appeal. — An appeal under this Rule shall be perfected within fifteen (15) days from receipt of a copy of the decision, or denial of motion for reconsideration, by filing with the disciplining authority which decided the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate authority.

The period for perfecting an appeal shall be interrupted from the time a timely motion for reconsideration is filed until a notice of the order denying the motion shall have been served upon the movant or his counsel. If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal within a fresh period of fifteen (15) days from the receipt of the order of denial.

SECTION 13. Notice of Appeal. — A notice of appeal shall be filed with the disciplining authority which decided the case, who shall forthwith forward the records of the case together with the notice of appeal, to the appellate authority within fifteen (15) days from the 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. Failure to do so may cause the dismissal of the appeal. aCIHcD

SECTION 14. Appeal Memorandum. — Where a notice of appeal is filed within the reglementary period, the appellant shall submit his appeal memorandum, together with the certified true copy of the decision and resolution appealed from, together with other supporting documents, within ten (10) days from the date said notice was filed, with the appellate authority. In said appeal memorandum, it shall contain a concise statement of the issues involved and the grounds relied upon for the appeal. Copies of the appeal memorandum shall be served upon the disciplining authority who decided the case and all parties of record.

Failure to comply with the above requirements within the reglementary period shall be construed as failure to perfect an appeal and shall cause its dismissal.

SECTION 15. Execution Pending Appeal. — An appeal shall not prevent a decision from becoming immediately executory, except when the penalty imposed is dismissal from the service which requires confirmation by the SILG. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results to exoneration, he shall be paid his salary and allowances during the pendency of the appeal.

SECTION 16. Withdrawal of Appeal. — At any time before the appellate authority renders its decision in an appealed case, the appellant may withdraw the same as a matter of right which shall consequently render the assailed decision final and executory. No motion to reinstate appeal shall be allowed.

SECTION 17. Computation of the Prescriptive Period. — In the computation of the period of time, the first day shall be excluded and the last day included, unless it be a Saturday, a Sunday or a legal holiday, in which case, the period shall run until the end of the next day which day is neither a Saturday, a Sunday nor a legal holiday.

SECTION 18. Appellate Powers of the Appellate Authority. — Based on the pleadings submitted by both appellant and appellee, the appellate authority may affirm, modify or reverse the decision of the disciplining authority who rendered the same. In case of reversal, the appellate authority may decide the case based on the merits or otherwise remand the same to the Hearing Office concerned for further proceedings.

SECTION 19. Effect of Appeal by Any of Several Respondents. — An appeal taken by one or more of several respondents shall not affect those who did not appeal, except insofar as the judgment of the appellate authority is favorable and applicable to the latter.

SECTION 20. Finality of the Decision of Appellate Authority. — In any case, the decision of the appellate authority shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof. AHCETa

SECTION 21. Highest Administrative Appellate Authority. — The highest administrative appellate authority shall be the Civil Service Commission proper whose decision shall be reviewed by the Court of Appeals.

SECTION 22. Proof of Service of Copies of the Appeal or Motion for Reconsideration and Other Pleadings to the Other Party. — The appellant or the movant shall serve to the other party copies of his notice of appeal and appeal memorandum, as well as such other motions or pleadings, and shall submit to the appellate authority proof of service thereof. The other party, on the other hand, shall submit to the appellate or disciplining authority, his comments or objections to the appeal or motion of the appellant/movant within ten (10) days from receipt thereof without any further order from the appellate or disciplining authority.

SECTION 23. Manner of Filing Motion for Reconsideration or Appeal. — An appeal or motion for reconsideration shall be filed as much as possible by personal delivery. In the event that such motion or appeal is filed in any manner other than personal service, the manner of filing should be specified with appropriate explanation why personal service was not resorted to. In no case shall the motion or appeal be considered filed unless accompanied by proof of service to the other party and the manner of filing required under the subsequent section.

SECTION 24. When Motion or Appeal Deemed Filed. — In any case, a motion for reconsideration or appeal is deemed filed when sent by registered mail on the date shown by the postmark stamped to the envelop, and in case of personal delivery, the date of receipt by the disciplining authority or by the Hearing Officer concerned.

RULE XII

Judicial Remedies

SECTION 1. Judicial Review. — Any party aggrieved or adversely affected by the decision of the appellate authority may elevate the decision of the appellate authority to the courts as provided for under the existing rules and laws. The action for judicial review may be brought against the appellate authority, its officers, and all indispensable and necessary parties.

Judicial remedy however shall be taken when all the necessary administrative remedies has been exhausted. cHaCAS

SECTION 2. Judicial Review, How Taken. — Appeal from an appellate authority's decision shall be perfected by filing with the disciplining authority within fifteen (15) days from receipt of the copy thereof, a notice of appeal, and with the reviewing court a petition for review of the decision. Copies of the petition shall be served upon the appellate authority whose decision is complained of and all parties on record. The petition shall contain concise statement of the issues involved and the grounds relied upon for the review; and shall be accompanied with a true copy of the decision appealed from, together with copies of such material portions of the records as are referred to therein and other supporting papers. The petition shall be under oath and shall show, by stating the specific material dates, that it was filed within the period fixed in this rule.

SECTION 3. Perfection of the Petition for Review. — The petition for review shall be perfected within fifteen (15) days from receipt of the decision subject of review.

SECTION 4. Where to File Petition for Review. — The petition for review shall be filed in the Court of Appeals pursuant to Rule 43, Rules of Court.

SECTION 5. Transmittal of Record. — Within fifteen (15) days from the service of the petition for review, the appellate authority or disciplining authority, as the case may be, shall transmit to the Court of Appeals, the original or a certified copy of the entire records of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceedings. The court may require or permit subsequent correction or additions to the record.

RULE XIII

Miscellaneous Provisions

SECTION 1. Non-Disciplinary Cases. — Personnel who are either habitually absent or have unsatisfactory or poor performance or have shown to be physically and mentally unfit to perform their duties may be dropped from the rolls  subject to the procedures laid down under Rule 19 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) and its appeal mechanism or remedies pursuant to Rule 23 thereof.

SECTION 2. Authority to Administer Oath. — In addition to the officials who, under existing laws, are authorized to administer oaths, the DIP, Legal Officers, Hearing Officers, C, RIPD, Bureau Prosecutors, and Investigators duly designated to conduct investigation with the rank of at least Jail Inspector shall have the authority to administer oaths on matters connected with the performance of their official duties.

SECTION 3. Prohibition of BJMP Lawyers. — All BJMP lawyers are prohibited from representing any respondent charged before the National or Regional Hearing Offices. ScHADI

SECTION 4. Monthly Report. — Not later than every fifth day of the month, the Regional Hearing Officers are required to submit report to the NHQ Legal Service Office indicating therein the following data or information, among others:

a.) newly filed cases;

b.) pending cases;

c.) resolved cases;

d.) decided cases;

e.) appealed cases; and

f.) certificate of finality of decision issued, if applicable.

With respect however, to newly filed cases, the Regional Hearing Office shall submit a written report within twenty-four (24) hours from its filing stating therein the designation of an offense, the time and date of filing, name of the respondent and other information deemed necessary.

RULE XIV

Final Provisions

SECTION 1. Application to Pending Cases. — These Rules shall apply to pending cases with the different disciplining authorities and appellate authorities, provided however, that offenses and penalties reclassified under these Rules shall have retroactive effect insofar as they are favorable to the respondent.

SECTION 2. Repealing Clause. — The provisions of the 2007 Revised BJMP Administrative Disciplinary Machinery are hereby repealed. All rules and regulations and other issuances, or portions thereof, inconsistent with these Rules are deemed superseded or modified accordingly.

SECTION 3. Separability Clause. — In the event that any of the provisions of these Rules is declared illegal, the validity of the other provisions shall not be affected by such declaration.

SECTION 4. Effectivity Clause. — These Rules shall be effective after fifteen (15) days following the completion of its registration and publication in Office of the National Administrative Register, University of the Philippines Law Center, Diliman, Quezon City. DACcIH

Done this 26th day of January 2017 at BJMP NHQ, 144 Mindanao Avenue, Project 8, Quezon City, Metro Manila, Philippines.

RECOMMEND APPROVAL:

(SGD.) SERAFIN P. BARRETTO JR., CESO IVJail Director

APPROVED:

(SGD.) ISMAEL D. SUENOSecretary

(Pursuant to Paragraph 3, Section 62, Republic Act No. 6975)

ANNEX A

Formal Charge

ANNEX B

Summons

ANNEX C

Subpoena

ANNEX D

Subpoena

ANNEX E

Notice for Clarificatory Conference

ANNEX F

Minutes of Clarificatory Conference

ANNEX G

Calendar of Clarificatory Conference

ANNEX H

Resolution

ANNEX I

Decision

ANNEX J

Notice of Decision

ANNEX K

Certificate of Finality

ANNEX L

Issuance of Appropriate Implementing Order

 

BJMP ADMINISTRATIVE DISCIPLINARY MACHINERY

A RESOLUTION APPROVING THE WORKING DRAFT OF BJMP ADMINISTRATIVE DISCIPLINARY MACHINERY PROPOSED BY THE SECRETARIAT OF THE BJMP ADM REVISION COMMITTEE AND TRANSMITTING THE SAME TO ALL BJMP LAWYERS FOR COMMENTS, SUGGESTION AND ADDITIONAL INPUTS HSCATc

WHEREAS, Section 62, Republic Act 6975 provides that the Chief of the Jail Bureau shall recommend to the Secretary the organizational structure and staffing pattern of the Bureau as well as the disciplinary machinery for officers and men of the Bureau in accordance with the guidelines set forth herein and as prescribed in Section 85 of this Act;

WHEREAS, the existing BJMP Administrative Disciplinary Machinery promulgated in 2007 has undisputedly worked well but just like any human creation, it has its own share of imperfection and flaws, which have manifested through the years. With the intention to address the same, there is a need to revisit, review and revise certain provisions to make it more responsive and attain a certain degree of consistency and stability, which values are essential for what has been said of law in general applies as well to disciplinary rules of procedures: it must be stable but it cannot stand still; 1

WHEREAS, in response to the ever-changing needs of times and of service, it is imperative to introduce improvement of certain provisions of the existing BJMP Administrative Disciplinary Machinery and the addition of provisions deemed essential and necessary as a consequence of changed conditions or the elimination of provisions already considered obsolete or unresponsive;

WHEREAS, in order to effectively carryout the forgoing purpose and to set it in motion, BJMPDPRM LETTER ORDERS NUMBER 2016-123 dated 03 February 2016 was issued which mandates the creation of ADM Revision Committee so as to immediately fuel the review/revision process of the existing BJMP Administrative Disciplinary Machinery;

NOW THEREFORE, the BJMP ADM Revision Committee RESOLVES AS IT IS HEREBY RESOLVED to approve and adopt the herein working draft of BJMP Administrative Disciplinary Machinery as proposed by the Secretariat to be transmitted to all BJMP Lawyers for comments, suggestion and additional inputs.

Done at the BJMP-NHQ, 144 BJMP Bldg., Mindanao Avenue, Project 8, Quezon City, Philippines this 17th day of June 2016. EHaASD

(SGD.) J/SINSP. PATRICIA A. VIDAMOMember

(SGD.) J/SINSP. WENA FE P. DALAGANMember

(SGD.) J/SINSP. RICKY HEART L. PEGALANMember

(SGD.) J/CINSP. MICHAEL ANGEL M. CACERESMember

(SGD.) J/CINSP. ROMEO L. VILLANTE JR.Member

(SGD.) J/CINSP. REYNALDO A. PAGUIRIGAN JR.Member

(SGD.) J/CINSP. JOE JAY P. AREOLAVice Chairperson

(SGD.) J/SSUPT. PAULIO H. MORENO JR.Chairperson

ADMINISTRATIVE DISCIPLINARY MACHINERY REVISION LAWYERS

A RESOLUTION ADOPTING THE 2016 COMPREHENSIVE BJMP ADMINISTRATIVE DISCIPLINARY MACHINERY IN LIEU OF 2007 REVISED ADMINISTRATIVE DISCIPLINARY MACHINERY

WHEREAS, pursuant to Section 62 of Republic Act No. 6975, known as the Department of the Interior and Local Government Act of 1990, the Chief of the Jail Bureau shall recommend to the Secretary of the Department of the Interior and Local Government the disciplinary machinery for personnel of the Jail Bureau;

WHEREAS, the present Administrative Disciplinary Machinery of the Bureau of Jail Management and Penology was revised and became effective on April 2007; IDTSEH

WHEREAS, the amendment to the Administrative Disciplinary Machinery (Revised April 2007) is in consonance with Republic Act No. 9263, known as the Bureau of Fire Protection and Bureau of Jail Management and Penology, which focuses on the strengthening of the delivery of basic services through the institutionalization of highly efficient and competent jail services;

WHEREAS, BJMPDPRM Letter Order No. 2016-123 dated 03 February 2016 creates the BJMP Administrative Disciplinary Machinery Revision Committee tasked to draft a new BJMP Administrative Machinery;

WHEREAS, the BJMP Administrative Disciplinary Machinery Revision Committee has decided to call the convention of BJMP Lawyers to present and deliberate the initial working draft during the plenary conference and to have it finalized prior to its transmission to the Command Group, BJMP and finally to the Secretary, DILG for approval;

WHEREAS, the 1st BJMP Lawyer's Annual Consultative Workshop Conference took place on 25-27 July 2016 where the BJMP Lawyers constituted as Plenary on Administrative Disciplinary Machinery Revision which deliberated the amendments and adopted the new 2016 Comprehensive Administrative Disciplinary Machinery;

WHEREAS, the Rules issued by the BJMP Administrative Disciplinary Machinery Revision Committee provided for the quorum and voting requirement on amendment and adoption of the 2016 Comprehensive BJMP Administrative Disciplinary Machinery by the Plenary of Lawyers.

UNANIMOUSLY APPROVED.

Done at Tagaytay City, Philippines this 26th day of July 2016.

(SGD.) JSSUPT. PAULINO H. MORENO JR.Chairperson

(SGD.) JSSUPT. MICHAEL E. VIDAMO SR.Member

(SGD.) JSSUPT. REX D. DELARMENTEMember

(SGD.) JSSUPT. EDGAR C. BOLCIOMember

(SGD.) JSSUPT. KENNETH A. BID-INGMember

(SGD.) JCINSP. JOE JAY P. AREJOLAMember

(SGD.) JCINSP. REYNALDO A. PAGUIRIGAN JR.Member

(SGD.) JCINSP. DOUGLAS V. GERALDINOMember

(SGD.) JCINSP. PAUL M. BALAG-EYMember

(SGD.) JCINSP. MICHAEL ANGELO M. CACERESMember

(SGD.) JCINSP. ROMEO L. VILLANTE JR.Member

(SGD.) JCINSP. DENNIS C. ALIÑOMember

(SGD.) JCINSP. LEN JOHN R. BERNALMember

(SGD.) JSINSP. JONATHAN A. BALTARMember

(SGD.) JSINSP. BONIFACIO M. GUITERINGMember

(SGD.) JSINSP. RAMMEL D. BONAVENTEMember

(SGD.) JSINSP. MASHUR S. SALAMember

(SGD.) JSINSP. JAIRUS ANTHONY D. DOGELIOMember

(SGD.) JSINSP. RICKY HEART L. PEGALANMember

(SGD.) JSINSP. RODOLFO L. VERZOSA JR.Member

(SGD.) JSINSP. CORNELIO ERWIN GRIÑO IIIMember

(SGD.) JSINSP. CRISYREL P. AWEMember

(SGD.) JSINSP. WENA FE P. DALAGANMember

(SGD.) JSINSP. PATRICIA A. VIDAMOMember

(SGD.) JSINSP. ANALIZA G. FOSTERMember

(SGD.) JSINSP. RALPH ALDRIN M. LUMANLANMember

(SGD.) JSINSP. MA. RAMELISA D. QUIGAOMember

(SGD.) JSINSP. JEZA MAE SARAH C. SANCHEZMember

(SGD.) ATTY. JONAR M. SURUIZMember

(SGD.) ATTY. RONEL L. INOTMember

February 3, 2016

BJMPDPRM-LETTER ORDERS NO. 2016-123

1. The BJMP Administrative Disciplinary Machinery (ADM) Revision Committee purposely to review, revisit and revise the existing BJMP Administrative Disciplinary Machinery is hereby created with the following composition: DaIAcC

Chairperson	-	JSSUPT PAULINO H. MORENO JR.
Vice Chairperson	-	JCINSP JOE JAY P. AREJOLA
Members	-	JSINSP MICHAEL ANGELO M. CACERES
	-	JSINSP WENA FE P. DALAGAN
	-	JSINSP ROMEO L. VILLANTE JR.
	-	JSINSP REYNALDO A. PAGUIRIGAN JR.
	-	JSINSP PATRICIA A. VIDAMO
	-	JSINSP RICKY HEART L. PEGALAN
Secretariat	-	JSINSP DOUGLAS V. GERALDINO
	-	JSINSP ANALIZA G. FOSTER
	-	JSINSP MA. RAMELISA D. QUIGAO
	-	SJO2 Joseph M. Manalo
	-	JO3 Razil J. Baylon
	-	JO1 Juliva A. Tuguinay
	-	JO1 Mark David A. Montes

2. The ADM Revision Committee shall perform the following duties and responsibilities, to wit:

— Direct the Secretariat to draft a new proposed BJMP Administrative Disciplinary Machinery (ADM);

— Review the initial draft of the Secretariat and have it transmitted to all BJMP Lawyers, Regional Hearing and Legal Officers for additional inputs, comment and suggestion indicating therein the timeline for their immediate compliance;

— Ensure that all the suggestions, comments and additional inputs must be incorporated in the proposed draft;

— Call the convention of BJMP Lawyers and the same shall constitute as a plenary (committee as a whole) where each and every proposal therein may be debated upon. After which, it shall be submitted to the body for voting whether to adopt or reject such proposal. For this purpose, only simple majority is required;

— Set the timeline to come up with a final draft; and

— Perform other duties wherever required.

3. This order shall take effect immediately. SICDAa

BY AUTHORITY OF THE OIC, BJMP:

EMMANUEL T. SICIO, DSCJail Chief Superintendent

OFFICIAL:

(SGD.) REBECCA B. PAWIDJail Senior Superintendent

DISTRIBUTION:

"C"

July 18, 2016

BJMPDPRM-LETTER ORDERS NO. 2016-787

1. The following named personnel are hereby directed to attend the 1st BJMP Lawyers' Annual Consultative Workshop Conference on 25-27 July 2016 at Tagaytay Country Hotel, Tagaytay City, to wit:

JCSUPT. MICHAEL E. VIDAMO SR.	- NCR	JSINSP. RAMMEL D. BONAVENTE	- R-V
JSSUPT. REX D. DELARMENTE	- R-VI	JSINSP. MASHUR S. SALA	- R-IX
JSSUPT. EDGAR C. BOLCIO	- CAR	JSINSP. JAIRUS ANTHONY D. DOGELIO	- R-VI
JSSUPT. PAULINO H. MORENO JR.	- NHQ	JSINSP. RICKY HEART L. PEGALAN	- NCR
JSUPT. ROY P. VALENZUELA	- NHQ	JSINSP. PATRICIA A. VIDAMO	- NCR
JSUPT. KENNETH A. BID-ING	- R-I	JSINSP. RODOLFO L. VERZOSA JR.	- R-V
JCINSP. JOE JAY P. AREJOLA	- NCR	JSINSP. CORNELIO ERWIN GRIÑO III	- R-XII
JCINSP. REYNALDO A. PAGUIRIGAN JR.	- R-IVA	JSINSP. CRISYREL P. AWE	- R-VII
JCINSP. DOUGLAS V. GERALDINO	- NHQ	JSINSP. WENA FE P. DALAGAN	- NHQ
JCINSP. PAUL M. BALAG-EY	- CAR	JSINSP. ANALIZA G. FOSTER	- NHQ
JCINSP. MICHAEL ANGELO M. CACERES	- NHQ	JSINSP. RALFH ALDRIN M. LUMANLAN	- R-III
JCINSP. ROMEO L. VILLANTE JR.	- NHQ	JSINSP. MA. RAMELIZA D. QUIGAO	- NHQ
JCINSP. DENNIS C. ALIÑO	- R-VII	JSINSP. JEZA MAE SARAH C. SANCHEZ	- NHQ
JCINSP. LEN JOHN R. BERNAL	- R-XI	SJO3 Lou A. Tejano	- NHQ
JCINSP. JONATHAN Z. BALTAR	- R-XIII	JO3 Jonar M. Suruiz	- NCR
JSINSP. BONIFACIO M. GUITERING	- R-II	JO1 Roneil L. Inot	- NHQ

	SECRETARIAT
	SJO1 Razil J. Baylon
	JO1 Juliva A Tuguinay
	JO1 Loveleen Anne A. Delmo
	JO1 Mark David A. Montes

 

2. Per diems, transportation and other incidental expenses are hereby authorized. Submit report and other pertinent documents (such as: travel orders, bus ticket, boarding passes, certificate of appearance, receipts, etc.) after completion of mission in accordance with existing COA and accounting rules and regulations. TAacHE

BY AUTHORITY OF THE OIC, BJMP:

EMMANUEL T. SICIO, DSCJail Chief Superintendent

OFFICIAL:

(SGD.) REBECCA B. PAWIDJail Senior Superintendent

DISTRIBUTION:"C"

BJMP MEMORANDUM

 

DATE : 15 October 2015

1. Reference: Memorandum Circular re: Conduct of Alternative Dispute Resolution in the BJMP dated 30 September 2015.

2. ICOW the above reference, you are hereby directed to cause the immediate constitution and subsequent issuance of corresponding orders of your respective Regional/Provincial/Pangkat Tagapagkasundo in jail level pursuant to the provisions of said Memorandum Circular.

3. Further, you are directed to furnish a copy of such orders to this office (Att'n: National Mediation Team through Legal Service Office) and submit report stating therein your actions taken not later than 30 October 2015.

4. For guidance and appropriate action. DHIcET

(SGD.) DIONY D. MAMARIL, CES (E)Jail Director

September 30, 2015

MEMORANDUM CIRCULAR BJMP-LSO-MC-012

TOPIC : CONDUCT OF ALTERNATIVE DISPUTE RESOLUTION IN THE BJMP

SUB-TOPIC : SPECIFIC RULES GOVERNING MEDIATION AT ALL LEVELS OF THE BJMP

I. REFERENCES:

a. Section 16, Article III of the 1987 Philippine Constitution;

b. Section 7, Chapter 2, Republic Act (RA) No. 9285 otherwise known as the "Alternative Dispute Resolution Law of 2004".

c. Article 3.1, Rule 1, Chapter 3, Implementing Rules and Regulations (IRR) of the Alternative Dispute Resolution Act of 2004;

d.  Section 3, Executive Order (EO) No. 97, s. 2012 dated 18 October 2012.

II. RATIONALE

Our concept of achieving justice and that of settling dispute or controversy is by way of litigation, a form of singularly-defined adversarial procedure where parties have to go through the rigors of trial in court, thereby, taking their chances away from formulating their own solution to their conflict. Until lately, the introduction of the principles of restorative justice has made us realize that claims for justice can be articulated in different ways. As such, there is a need to incorporate various notions of achieving justice by adopting Restorative Justice as a framework and an alternative mode in settling dispute/conflict.

Over the years, the BJMP through the Legal Service Office has been conducting mediation in cases where both or one of the parties in dispute involves BJMP personnel. The cases that have been brought for mediation are usually those arising out of marital issues like infidelity, abandonment, lack of support, among others, and other issues which have something to do with the parties' obligation arising from contract. In several instances, mediation was likewise resorted to by a party in administrative case in situations where there is a private complainant and the latter is willing to have their case settled amicably by way of mediation notwithstanding its pendency. HDICSa

In our jails, BJMP personnel are doing a lot of mediation between and among inmates in disputes to prevent or resolve conflicts. This is always resorted to in order to arrest tensions and preempt the occurrence of riots and other jail disturbances.

The pace with which the various modes of alternative dispute resolution have been introduced, accepted and succeeded in decongesting case backlog not only in Courts but in quasi-judicial agencies has gained substantial headway. In fact, in the BJMP, a quite number of cases referred for mediation were concluded via amicable settlement. Of this, close to seventy-percent 70% of the parties involved complied with the agreement reached, revealing a considerably high level of satisfaction among disputants in the outcome of their cases. By institutionalizing mediation, the BJMP has basically achieved two (2) things: (1) assist the parties in finding solutions to their disputes; (2) help the courts, in one way or another, not to further clog their case dockets.

III. PURPOSE

1. To institutionalize an alternative dispute resolution mechanism at all levels of BJMP organization necessary to resolve conflicts in order to repair broken relations and achieve just and lasting peace.

2. To provide guidelines and procedures in the conduct of mediation as an alternative mode in settling dispute in harmony with the state policy giving the parties involved in dispute an active role as well as freedom to make their own arrangements for a just and equitable resolution of their disputes pursuant to Republic Act No. 9285 otherwise known as the Alternative Dispute Resolution (ADR) Law in relation to Executive Order (EO) No. 97 dated October 2012.

3. To define responsibilities and specific rules of procedure in the conduct of mediation proceedings as an alternative dispute resolution mechanism.

IV. SCOPE

Mediation of conflict or dispute where one or both of the parties are active BJMP personnel and the act complained of arose out of interpersonal relationship. It includes as well disagreements between or among inmates in order not to further escalate tensions into riots and other jail disturbances. HcDSaT

V. NATIONAL MEDIATION TEAM

There is hereby created in the National Headquarters, a NATIONAL MEDIATION TEAM (hereinafter NMT) to be constituted through a Letter Order from Directorate for Personnel and Records Management which shall convene, as the need arises, to be composed of personnel from various disciplines with expertise necessary in settling disputes, as follows:

Team Leader	:	Chaplain
Assistant Team Leader	:	Legal Officer
Team Members	:	Psychologist/Psychiatrist Morale and Welfare Officer
Secretariat	:	Staff from Hearing and ADR Section, Legal Service Office

The Team Leader shall endeavor to ensure the attendance of the members, after which, call the conference to order and proceed with the conduct of mediation conference. The Team Leader shall be the presiding officer and in his absence, the most ranking member of the NMT present shall take his place.

A. Duties, Responsibilities and Functions

The NMT shall perform the following:

1. facilitate timely and expedition mediation conference with propriety, fidelity and diligence;

2. accredit, maintain and monitor pool of mediators nationwide equipped with necessary trainings and skills in conflict management;

3. avoid conflict of interest and influencing a party toward agreeing to a settlement or making decisions for any of the mediating parties;

4. refrain from using mediation to solicit or advertise for personal gain or benefit;

5. ensure that parties consider and understand the terms of their settlement;

6. maintain a high degree of professionalism, morality and integrity to enhance trust and confidence of the mediating parties;

7. ensure the attendance of the team members as well as the secretariat on the scheduled mediation conference; IDaEHC

8. recommend approval to the Chief, BJMP of any activity to be undertaken by the NMT;

9. facilitate the conduct of trainings, seminars and conferences of BJMP mediators in collaboration with the Philippine Mediation Center (PMC) and the Philippine Judicial Academy (PHILJA) or any other institutions providing trainings for ADR practitioner; and

10. adopt and promulgate rules not otherwise provided in this circular to effectively carry out its duties and functions.

B. The NMT Secretariat

Staff from the Hearing and ADR Section, Legal Service Office shall serve as the secretariat. It shall perform the following:

1. Receive all written complaints or requests for mediation if both or one of the parties in dispute involves BJMP Personnel. The complaint may either be under oath or attested to by the NMT leader or any of its members.

2. Conduct initial determination of the complaint and thereafter, the same shall be referred to the Chief, BJMP. Upon receipt of the latter's instruction, the parties involved shall be notified of the schedule of the mediation conference. On the given date, both parties shall appear before NMT and agree to submit their conflict for mediation.

VI. SPECIFIC RULES OF PROCEDURE IN MEDIATION PROCEEDINGS

1. During the conference, the complainant should be given first the opportunity to present his/her complaint before the mediation team. After which, the personnel complained of should likewise be given the chance to answer the allegations in the complaint. After hearing the problems, issues, and concerns of the parties, the mediation team shall assess, evaluate and determine what intervention is needed, if any, to help the parties find a way to have it solved. In finding a solution, the same must be party-driven and not mediator-driven.

2. Considering that relational dispute involves understanding human behavior and it might have been caused by parties' cultural differences, belief system, personal or religious conviction, the mediation team leader and members may, after giving the parties a chance to lay down their issues and concerns, give advice, counseling or professional intervention, if necessary, to address their conflict. ASTcaE

3. When the parties were able to come up with mutually agreeable and acceptable terms, the same must be put into writing to be signed by them and attested to by the mediation team leader or any of the members, in the absence of the former. If on the first round, the parties failed to forge an acceptable terms, another round of mediation conference may be conducted provided that both parties must agree to it. If one party or both refuse to have another round of mediation conference or if another round was conducted but the parties failed to arrive at an agreement, in which case, a Certification to Undertake Legal Action shall be issued terminating the mediation conference for failure of the parties to arrive at an agreeable and mutually acceptable terms. In no case, shall the mediation conference be conducted more than twice in one level irrespective of the outcome thereof. However, parties who failed to come to an agreement may opt to elevate to the next higher level of mediation, provided, both of them agree.

4. If an agreement has been reached, any violation committed by any party shall be a ground for the mediation team to issue a Certification to Undertake Legal Action to give the other party a free hand to cause the filing of a complaint before any court, body or tribunal as she/he sees fit under the obtaining circumstances.

5. The referral of a complaint before the mediation team shall not preclude the parties from pursuing other remedies available under the law and to invoke any of the provisions thereof. If the parties or any of them opted to file legal action notwithstanding the impending mediation conference, the mediation proceedings shall be terminated and the same shall be reflected in the mediation logbook to be maintained by the secretariat.

6. In cases where the BJMP Personnel is under investigation for an administrative offense involving private complainants on conflicts arising from their relations, the Investigator-On-Case may, as he/she deems it appropriate under the obtaining circumstances, refer the case for mediation. If the mediation process failed, the case shall be referred back to the Investigator-On-Case for appropriate action.

7. In cases where an administrative case has already been filed against a BJMP Personnel, the Hearing Officer may, upon agreement of the parties during the Pre-Hearing Conference, refer the case for mediation provided that the act complained of has nothing to do with the performance of official duty. If the mediation process failed, the case shall be referred back to the Hearing Office for adjudication.

VII. REGIONAL MEDIATION TEAM

In every regional office, there shall be a REGIONAL MEDIATION TEAM (hereinafter RMT) to be designated through an Order from the Personnel and Records Management Division (PRMD) of the regional office preferably to be composed of the following: DTCSHA

Team Leader	:	Regional Chaplain
Assistant Team Leader	:	Regional Legal Officer
Members	:	Psychologist/Psychiatrist
		Chief, PRMD/Morale and Welfare Officer
Secretariat	:	Staff from the Regional Legal Service Office

The RMT shall take cognizance and mediate disputes involving BJMP personnel in their respective jurisdiction upon agreement and submission of parties to the conflict. It shall perform the duties and responsibilities as provided for under Number V, letter A of this Circular.

The secretariat shall likewise perform the duties as provided for under Number V, letter B of this Circular.

RMT shall be guided by the specific rules of procedure enunciated in Number VI of this Circular in the actual conduct of mediation conference.

VIII. MEDIATION IN PROVINCES and JAIL UNITS

A. Provincial Mediator

There shall be an accredited mediator in every province to be known as Provincial Mediator (PM) who shall be designated through an Order by the regional office. PM shall take cognizance and mediate disputes involving BJMP personnel within the jurisdiction of every province upon agreement and submission of parties in the conflict. Specific rules of procedure provided for under Number VI of this Circular shall guide the conduct of mediation proceedings.

B. Pangkat Tagapagkasundo

Notwithstanding the establishment of the NMT, RMT and PM, jail wardens shall, likewise, establish jail-based mediation team to be known as "Pangkat Tagapagkasundo" in their respective areas of responsibility. Jail wardens shall institutionalize a strategy of conflict prevention, coaching and resolution initiatives. Toward this end, this conflict management mechanism shall apply in cases where the conflict or dispute involves jail personnel as well as between and/or among inmates.

Where the parties are active BJMP personnel, the NMT, RMT or PM, may opt to take cognizance of the conflict provided the parties shall agree to have it referred to and mediated by the concerned level. cDSAEI

Conflicts between and/or among inmates must be immediately taken cognizance and amicably settled by the Pangkat Tagapagkasundo to prevent further escalation into a full blown riots and other jail disturbances.

Pangkat Tagapagkasundo shall be designated by the jail warden through an Office Order to be composed of three (3) accredited mediators preferably the following:

Security and Control Officer

Inmates Welfare and Development Officer

Unit Investigator

Secretariat: Staff from the Investigation Unit

The Pangkat Tagapagkasundo shall be led and presided over by the most ranking member among them. Jail wardens, however, may designate other personnel in case such identified positions are being held by one and the same person in view of multi-tasking and limited number of jail personnel.

They shall observe the same procedures, functions, duties and responsibilities as stated in these guidelines. However, Pangkat Tagapagkasundo may opt to apply simpler, unique or indigenous procedure considering culture of particular area in resolving disputes so long as parties will arrive at an amicable settlement. Any information revealed during mediation conference shall be treated with utmost confidentiality.

The RMTs, PMs and the Pangkat Tagapagkasundo in jail level shall be under the close monitoring and supervision of the NMT. It shall exercise oversight functions and formulate mechanism to monitor the progress of this implementation of this circular and in developing indicators to ensure that ADR mechanism and principles are faithfully observed.

Regional Directors shall monitor and direct jail warden's compliance on the creation of Pangkat Tagapagkasundo and shall submit report to the Chief, BJMP (ATTN: National Mediation Team) within thirty (30) day from the effectivity of this Circular.

NMT shall enlist and give priority to the designated pool of mediators in the event a mediation training or seminar workshop will be conducted.

IX. TRAININGS CScTED

To effectively carry out the duties and functions and for the mediators to possess the necessary skills and desired attributes, the NMT shall coordinate and make the necessary representation before the Philippine Judicial Academy (PHILJA), the Philippine Mediation Center (PMC) or any institutions for the conduct of mediation trainings or seminar workshops. The Philippine Judicial Academy may be tapped having been mandated to provide training in mediation to judges, court personnel, educators, trainers, lawyers, and officials and personnel of quasi-judicial agencies pursuant to A.M. No. 01-5-SC-PHILJA, October 16, 2001.

X. CONFIDENTIALITY

All records and any information revealed during mediation conference shall be treated with utmost confidentiality.

XI. TRANSITION

The duties, responsibilities and functions of the existing ADR Section of the Legal Service Office shall be transferred and absorbed by the NMT from the time it is duly constituted. The NMT is deemed to have been duly constituted upon the issuance of appropriate order by the DPRM creating the same.

XII. REPEALING CLAUSE

All circulars or issuances inconsistent with this directive are hereby rescinded or modified accordingly.

XIII. EFFECTIVITY CLAUSE

This Circular shall take effect immediately.

BJMP-NMT

CERTIFICATE OF APPEARANCE

THIS IS TO CERTIFY that _____________________ personally appeared before this office for a mediation conference relative to the complaint of ______________________.

This Certification is issued to _______________________________ upon for whatever legal purpose this may serve.

ANTONIO ORTILLO GERENTEJail Senior Superintendent

BJMP-NMT

TO : ____________________________

SUBJECT : Appearance of ________________________

DATE : 05 August 2015

1. Reference: Letter of ______________ received by this office on _______________________. EDCcaS

2. ICOW the above reference, you are directed to cause the appearance of above-named personnel assigned within your AOR before the National Mediation Team, BJMP-NHQ on ______________________, for a mediation conference regarding the request of _____________________.

3. Failure of ________________ to appear shall be dealt with accordingly.

4. Your favorable action is highly appreciated.

_____________________

BJMP-NMT

NOTICE OF MEDIATION CONFERENCE

TO:	____________________
	Member
	_____________________
	Office assignment

Sir/Madam:

Please take notice that on _________________ a mediation meeting/conference will be held at ___________________ at _________________ o'clock in the morning/afternoon in connection with the complaint of _________________, dated _________________ 2015, against JO1 ________________ assigned as __________________.

Given this _______ of ________ 2015, Quezon City, Philippines.

ANTONIO ORTILLO GERENTEJail Senior Superintendent

BJMP-NMT

AGREEMENT TO SUBMIT TO MEDIATION

This Agreement, made and executed by and between _______________ and ________________, do hereby agree to submit/refer our conflict/dispute to National Mediation Team (NMT)/Mediator for the following reasons, to wit: cDCEIA

1. That the parties firmly believed that it is for the best interest to both of them to come up with a mutually agreeable terms;

2. That resorting to mediation conference paves the way for a more beneficial, friendly, harmonious, healing and unantagonistic manner;

3. That the disputing parties recognize the competence of the National Mediation Team (NMT)/Mediator to facilitate communication, negotiation and assist us in reaching mutually acceptable agreement regarding our conflict/dispute;

Therefore, in view of the foregoing, the parties have hereunto affixed their signatures to signify their intention to have their dispute submitted/referred for mediation.

Done this _______of _______ 2015, Quezon City, Philippines.

____________________	____________________
Signature of Party	Signature of Party
____________________	____________________
Witness	Witness

Attested by:

ANTONIO ORTILLO GERENTEJail Senior Superintendent

BJMP-NMT

MINUTES OF MEDIATION CONFERENCE

conducted on _________________ at _____________________.

PRESENT:	ABSENT:
_____________________	_______________________
_____________________	_______________________
_____________________	_______________________

The conference/meeting was called to order by ________________________ to tackle and settle the dispute/misunderstanding between _____________________ and _____________________________.

_______________________________________________________________________________________________.

_______________________________________________________________________________________________.

There being no more issues to be raised, the conference/meeting was adjourned at _______________.

Prepared by:

_________________________

_______________________	________________________
Signature of Party	Signature of Party

Attested by:

ANTONIO ORTILLO GERENTEJail Senior Superintendent

BJMT-NMT

SETTLEMENT AGREEMENT

KNOWN BY ALL MEN BY THESE PRESENTS:

I _________________________, with postal and residence address at _______________________________, a bonafide member of the Bureau of Jail Management and Penology (BJMP) and presently assigned at ____________________ BJMP-National Capital Region and __________________, with postal address at _________________________, have mutually agreed the following terms, to wit: ISHaCD

That __________ acknowledged ______________________ as his child by the latter as per Affidavit of Acknowledgment/Admission of Paternity executed by him dated ________________;

That the latter requested for a conference with the former in the presence of a Mediator who facilitated the issues at hand via amicable settlement pertaining to the support of _______________;

That the mediating parties agreed to the support offered to her son in the amount of ________________ Pesos, commencing on the 15th day of May 2015 and shall remit the same amount every 15th of each month until ____________ 2015;

That the former shall commence to remit the amount of ___________________ Pesos, and shall continue thereafter, until another agreement is reached revising or amending the same;

That in case of any disagreement in relation to the support herein discussed, the parties shall first make an earnest effort to have it fixed by them;

That the parties shall share equally the expenses related to the medical needs of their son;

That in the event conflict in the interpretation of the provisions of this Agreement will arise; the parties agreed that the same be brought to handling mediator for guidance;

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this _______________ 2015, at BJMP National Headquarters, 144 BJMP Building, Mindanao Avenue, Quezon City.

_____________________	____________________
First Party	Second Party
_____________________	_____________________
Witness	Witness

ATTESTATION

I HEREBY ATTEST that this _________ of ________ 2015, JO1 ________________ and ________________ personally appeared before me and that the contents of this agreement consisting of ______ (____) pages including this page were discussed to them in a language known to them and that they had expressed their concurrence thereof. DHESca

ANTONIO ORTILLO GERENTEJail Senior Superintendent

BJMP-NMT

BJMP NATIONAL MEDIATION TEAM

Date: _______________

CERTIFICATION TO UNDERTAKE LEGAL ACTION

TO WHOM IT MAY CONCERN:

THIS IS TO CERTIFY that __________________________________ and ___________________________ personally appeared before the National Mediation Team for mediation conference relative to the complaint of the latter dated ________________.

Despite diligent efforts exerted to have their conflict settled via amicable settlement, the mediating parties still failed to come up with the mutually agreeable and acceptable terms.

This certification is being issued for whatever legal purpose it may serve them best.

ANTONIO ORTILLO GERENTEJail Senior Superintendent

 

n Note from the Publisher: Copied verbatim from the official copy. Missing Section 34.