Suppletory Rules to the Revised Rules on Administrative Cases in the Civil Service

June 10, 2014

DFA DEPARTMENT ORDER NO. 06-14

SUPPLETORY RULES TO THE REVISED RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE

Preamble

WHEREAS, the Civil Service Commission issued Resolution No. 1101502 dated 08 November 2011 concerning the Revised Rules on Administrative Cases in the Civil Service (RRACCS);

WHEREAS, Department Order No. 8-12 dated 28 March 2012 adopted the RRACCS for administrative cases in the Department;

WHEREAS, the RRACCS provide for certain functions which require the identification of the corresponding offices and officials of the Department;

WHEREAS, the first paragraph of Section 51 of Republic Act No. 7157 (Foreign Service Act of 1991) provides that "the Board of Foreign Service Administration shall make recommendations to the Secretary concerning the functions and operations of the Service, the policies and procedures to govern the selection, assignment, promotion, discipline and separation from the Service of chiefs of mission, career ministers, foreign service officers, foreign service staff officers and foreign service staff employees, and the policies to govern the administration and personnel management of the Service: Provided, that the chiefs of mission who are commissioned by the President as ambassadors extraordinary and plenipotentiary shall not be investigated by the Board or separated from the Service unless there is an express written directive from the President. . . . It shall consider administrative cases brought against officers and employees who commit offenses against the interest of public service and submit to the Secretary its findings and recommendations"; caAICE

WHEREAS, the first paragraph of Section 54 of RA 7157 provides that "in the investigation of administrative cases against officers and employees of the Department, the applicable rules, regulations and guidelines promulgated by the Civil Service Commission shall be strictly observed;"

WHEREAS, there is a need to provide Rules that would reconcile the provisions of RA 7157 and that of the RRACCS.

NOW, THEREFORE, the following Rules shall have suppletory application to the RRACCS and other pertinent rules and regulations on disciplinary administrative cases in the Department of Foreign Affairs:

RULE 1

Applicability and Construction

SECTION 1. These Rules shall be known as the Suppletory Rules to the Revised Rules on Administrative Cases in the Civil Service.

In matters not covered by this Department Order and by the RRACCS, other pertinent Civil Service Rules shall apply.

SECTION 2. These Rules shall apply to all disciplinary administrative cases involving personnel of the Department of Foreign Affairs that are brought before the Department of Foreign Affairs, except as may be provided by law.

Sexual harassment cases shall be primarily governed by Department Order No. 19-2013, entitled "Amending Department Order 05-02 Otherwise known as the Rules and Regulations on Administrative Sexual Harassment". These Rules shall have a suppletory character to said cases.

SECTION 3. These Rules shall be liberally construed in order to promote their objective in obtaining just, speedy, and inexpensive disposition of administrative cases. ISCaDH

Administrative investigations shall be conducted without strict recourse to the technical rules of procedure and evidence applicable to judicial proceedings.

SECTION 4. In addition to the terms defined in Section 4 of the RRACCS, the terms hereunder shall be construed as follows:

(a) Department refers to the Department of Foreign Affairs, including Foreign Service Posts, Regional Consular Offices and Satellite Offices.

(b) Disciplining Authority refers to the President of the Philippines for all presidential appointees in the Department, and to the Secretary of Foreign Affairs for all other personnel of the Department, as provided for in Section 54 of RA 7157.

(c) Personnel refer to the officers and employees of the Department, including contractual staff.

(f) n  Board refers to the Board of Foreign Service Administration, as provided for in Sections 50 to 54 of Republic Act No. 7157 (Foreign Service Act of 1991).

(g) RRACCS refers to the Revised Rules on Administrative Cases in the Civil Service, as promulgated by Civil Service Commission Resolution No. 1101502 dated 08 November 2011.

(h) Secretary refers to the Secretary of Foreign Affairs.

RULE 2

Jurisdiction

SECTION 5. Pursuant to Section 54 of RA 7157, disciplinary action may be taken against an officer or an employee of the Department only by the appropriate disciplining authority, to wit:

(a) The President of the Philippines for all presidential appointees of the Department, upon the recommendation of the Secretary; and

(b) The Secretary for all those appointed by him or by his predecessors. ETHaDC

RULE 3

Complaint

SECTION 6. With reference to Section 12 of RRACCS, any complaint against an officer or an employee of the Department shall be filed with the Assistant Secretary-Office of Personnel and Administrative Services (OPAS).

SECTION 7. With reference to Section 11 of RRACCS, the Assistant Secretary-OPAS shall determine the validity of the complaint.

RULE 4

Preliminary Investigation

SECTION 8. Pursuant to Section 51 of RA 7157, chiefs of mission who are commissioned by the President as Ambassadors Extraordinary and Plenipotentiary shall not be investigated by the Board or separated from the service unless there is an express written directive from the President.

SECTION 9. With reference to Sections 11 and 16 of RRACCS, in cases initiated by the Department, the Assistant Secretary-OPAS shall issue the Show Cause Order.

SECTION 10. With reference to Sections 14 and 16 of RRACCS, the person complained of shall be required to submit his counter-affidavit/comment to the Assistant Secretary-OPAS.

SECTION 11. With reference to Sections 17 and 18 of RRACCS, the Assistant Secretary-OPAS shall appoint an Investigating Officer to conduct the preliminary investigation.

SECTION 12. With reference to Sections 18 and 19 of RRACCS, the Investigating Officer shall submit the Investigation Report with his recommendation and the complete records of the case to the Undersecretary for Administration. If a prima facie case is established during the investigation, the Undersecretary for Administration shall issue a Formal Charge, as prepared by the Office of Legal Affairs (OLA). In the absence of a prima facie case, the complaint shall be dismissed by the Undersecretary for Administration. DTAIaH

However, if the person complained of is a presidential appointee, the Investigating Officer shall submit the Investigation Report with his recommendation and the complete records of the case to the Secretary. If a prima facie case is established during the investigation, the Secretary shall issue a Formal Charge, as prepared by OLA. In the absence of a prima facie case, the complaint shall be dismissed by the Secretary.

RULE 5

Formal Investigation

SECTION 13. With reference to Rule 8 of RRACCS, if a formal investigation is required, the Undersecretary for Administration shall appoint the Hearing Officer. If the respondent is a presidential appointee, the Secretary shall appoint the Hearing Officer. The Hearing Officer shall not be the Investigating Officer in the same case.

SECTION 14. During the formal investigation, OLA shall prosecute the case.

RULE 6

Decision

SECTION 15. Pursuant to Section 51 of R.A. 7157, in every case, the Board shall consider the report of the Hearing Officer and submit a recommendation to the Secretary.

SECTION 16. With reference to Sections 44 and 45 of RRACCS, the Secretary shall make a decision on the case and, if warranted, shall issue the corresponding penalty.

If the respondent is a presidential appointee, the Secretary shall submit a recommendation to the President of the Philippines.

RULE 7

Issuance of Certifications on Administrative Cases

SECTION 17. OPAS shall issue certifications on cases under preliminary investigation.

SECTION 18. The Secretariat of the Board of Foreign Service Administration shall issue certifications on cases under formal investigation, on cases pending before the Board, the Secretary and the President, and on cases decided by the Secretary and the President. IcSEAH

RULE 8

Transitory Provision

SECTION 19. This Department Order shall apply to all administrative complaints, investigations and cases that are pending or ongoing at the time it takes effect; Provided, however, that such application shall not violate the rights to due process of the complainant and the respondent.

RULE 9

Separability Clause

SECTION 20. If any provision of this Department Order or the application thereof to any person or circumstance be held invalid or contrary to law, the other provisions shall not be affected thereby, and shall remain in full force and effect.

RULE 10

Repealing Clause

SECTION 21. The provisions of D.O. 14-10 entitled Revised Rules and Procedure on Administrative Cases of the Board of Foreign Service Administration and all other Department issuances inconsistent with this Order are hereby repealed or modified accordingly.

RULE 11

Effectivity

SECTION 22. These Rules shall take effect after fifteen (15) days from date of its deposit with the Office of the National Administrative Register (ONAR).

Pasay City, June 10, 2014. AIaSTE

(SGD.) ALBERT F. DEL ROSARIOSecretaryDepartment of Foreign Affairs

n Note from the Publisher: Copied verbatim from the official copy. Missing paragraphs (d) and (e).