Mapeh Dept Activity

MAPEH DEPARTMENT
Contents
PROCEDURE IN HANDLING ADMINISTRATIVE CASES................................................................2
Section 1. Grounds for administrative complaint..................................................................2
Section 2. Public officers covered; exceptions......................................................................2
Section 3. How initiated.......................................................................................................2
Section 4. Evaluation............................................................................................................2
Section 5. Administrative adjudication; How conducted.......................................................3
Section 6. Rendition of decision...........................................................................................4
Section 7. Finality and execution of decision........................................................................4
Submitted by: GLORIA C. TOLENTINO

Teacher I
MAPEH DEPARTMENT
PROCEDURE IN HANDLING ADMINISTRATIVE

CASES
Section 1. Grounds for administrative complaint.
An administrative complaint may be filed for acts or omissions which are:
a.) contrary to law or regulations;
b) unreasonable, unfair, oppressive or discriminatory;
c) inconsistent with the general course of an agency’s functions though in
accordance with law;
d) based on a mistake of law or an arbitrary ascertainment of facts;
e) in the exercise of discretionary powers but for an improper purpose;
f) otherwise irregular, immoral or devoid of justification;
g) due to any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his deputies against the officer or employee to whom it was
addressed; and
h) such other grounds provided for under E.O. 292 and other applicable laws.
Section 2. Public officers covered; exceptions.

All elective and appointive officials of the government and its subdivisions,
instrumentalities and agencies, including Members of the Cabinet, local governments,
government-owned or controlled corporations and their subsidiaries are subject to the
disciplinary authority of the Office of the Ombudsman.
Section 3. How initiated.

An administrative case may be initiated by a written complaint under oath
accompanied by affidavits of witnesses and other evidence in support of the charge. Such
complaint shall be accompanied by a Certificate of Non-Forum Shopping duly subscribed
and sworn to by the complainant or his counsel.
Section 4. Evaluation.
Upon receipt of the complaint, the same shall be evaluated to determine whether
the same may be:
a) dismissed outright for any of the grounds stated under Section 20 of RA 6770,
provided, however, that the dismissal thereof is not mandatory and shall be
discretionary on the part of the Ombudsman or the Deputy Ombudsman concerned;
b) treated as a grievance/request for assistance which may be referred to the
Public Assistance Bureau, this Office, for appropriate action under Section 2, Rule IV
of this Rules;
c) referred to other disciplinary authorities under paragraph 2, Section 23, RA 6770
for the taking of appropriate administrative proceedings;
d) referred to the appropriate office/agency or official for the conduct of further
fact-finding investigation; or e) Docketed as an administrative case for the purpose
of administrative adjudication by the Office of the Ombudsman.

Teacher I
MAPEH DEPARTMENT
Section 5. Administrative adjudication; How conducted.
a) If the complaint is docketed as an administrative case, the respondent shall be
furnished with a copy of the affidavits and other evidence submitted by the
complainant, and shall be ordered to file his counter-affidavits and other evidence in
support of his defense.
b) If the hearing officer finds no sufficient cause to warrant further proceedings on
the basis of the affidavits and other evidence submitted by the parties, the complaint
may be dismissed. Otherwise, he shall issue an Order (or Orders) for any of the
following purposes:
1. To direct the parties to file, within ten (10) days from receipt of the Order,
their respective verified position papers. The position papers shall contain
only those charges, defenses and other claims contained in the affidavits and
pleadings filed by the parties.
2. If the Hearing Officer decides not to consider the case submitted for
resolution after the filing of the position papers, affidavits and pleadings.He
may, at his discretion and for the purpose of determining whether there is a
need for a formal trial or hearing, ask clarificatory questions to further elicit
facts or information;
3. If the Hearing Officer finds no necessity for further proceedings on the
basis of the clarificatory hearings, affidavits, pleadings and position papers
filed by the parties, he shall issue an Order declaring the case submitted for
resolution.
4. If the Hearing Officer finds the need to conduct a formal investigation on
the basis of the clarificatory hearings, pleadings, affidavits and the position
papers filed by the parties, an Order shall be issued for the purpose.
c) The conduct of formal proceedings by the Office of the Ombudsman in
administrative cases shall be non-litigious in nature.
d) In the conduct of formal administrative investigation, the Hearing Officer shall set
the case for continuous trial. The parties shall be notified at least ten (10) days
before the date of the initial hearing
e) Only witnesses whose affidavits have been submitted by the parties and served on
the adverse party prior to the issuance of the Order directing the conduct of a formal
investigation may be allowed to testify at the hearing
f) The parties shall be allowed the assistance of counsel and the right to the
production of evidence thru the compulsory process of subpoena and subpoena
duces tecum;
g) The following pleading shall be deemed prohibited in the cases covered by these
Rules:
1. Motion to dismiss,

Teacher I
MAPEH DEPARTMENT
2. Motion for bill of particulars; and
3. Dilatory motions
Said pleadings shall be stricken off the records of the case
Section 6. Rendition of decision.

Not later than thirty (30) days after the case is declared submitted for resolution, the
Hearing Officer shall submit a proposed decision containing his findings and
recommendation for the approval of the Ombudsman.
Section 7. Finality and execution of decision .

Where the respondent is absolved of the charge, and in case of conviction where the
penalty imposed is public censure or reprimand, suspension of not more than one month, or
a fine equivalent to one month salary, the decision shall be final, executory and
unappealable.

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MAPEH DEPARTMENT

Submitted by: GLORIA C. TOLENTINO

PROCEDURE IN HANDLING ADMINISTRATIVE

Section 2. Public officers covered; exceptions.

Section 3. How initiated.

Submitted by: GLORIA C. TOLENTINO

Submitted by: GLORIA C. TOLENTINO

Section 6. Rendition of decision.

Section 7. Finality and execution of decision .

Submitted by: GLORIA C. TOLENTINO

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