FIC Reconstitution

OFFICE ORDER NO.
2024-__________
05 February 2024
SUBJECT: Reconstitution of the NMP Formal Investigation Committee (FIC)
In the exigency of the service and to ensure the proper conduct of the investigation of
administrative cases requiring a formal investigation, as prescribed under Rule 8 and other
pertinent provisions of the 2017 Rules on Administrative Cases in the Civil Service (2017
RACCS), the FIC is hereby reconstituted as follows:
I. Composition
Committee
Name Position
Designation
Chairperson Arch. Arnulfo F. Dado Museum Curator II
Carmelo Rei C. Santos Supervising Administrative Officer

Members Consuelo M. Bernardo Accountant III
Jaan Ruy Conrad P. Nogot Senior Museum Researcher
MUSEO Melanie R. Maliwat Administrative Officer III
Representative
Andrea Mae De Leon Internal Auditor II
Secretariat Pia Carolyn Tan Administrative Officer III
Jewelyn Marie R. Tabion Administrative Officer II
II. Roles and Responsibilities of the Committee
1. Pre-Hearing
● At the start of the formal investigation, a designated Hearing Officer from

among the Committee Chairperson and Members shall hold a pre-hearing
conference during which the parties/respondent/s by themselves or their
authorized legal counsel, shall appear, and consider and agree on any of the
following:
a. Stipulation of facts;
b. Simplification of issues;
c. Identification and marking of evidence of the parties;
d. Waiver of objections to admissibility of evidence;
e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings; and
g. Such other matters as may aid in the prompt resolution of the case.
The conduct of Pre-Hearing Conference is mandatory. Failure by any party to

attend the Pre-Hearing Conference may cause the submission of the case for
decision based on available records upon appropriate motion of the present
party.
● The schedule and conduct of hearings, and the agreements of the parties
entered during the Pre-Hearing Conference shall be embodied in the Pre-
Hearing Order and binding on the parties.
2. Hearing
2.1 Preliminaries
● Hearings shall be conducted on the dates set by the Hearing Officer or as
agreed upon by the parties during the Pre-Hearing Conference.
● The Hearing Officer shall not allow any postponement except that for
compelling reasons, each party may be granted one (1) postponement upon
oral or written request.
● The parties, their counsel (as applicable), and their witnesses shall be given
written Notices of Hearing at least five (5) working days before such hearing,
except for those hearings previously scheduled during the Pre-Hearing
Conference or the schedule for which the parties have previously agreed on.
The Notice shall specify the date, time, and place of said hearing.
● If the Respondent or his/her counsel fails or refuses to appear without
compelling reason, the hearing shall proceed ex parte and the Respondent
shall be deemed to have waived the right to present evidence therein.
● At the start of each hearing, the Hearing Officer shall note the appearances of
the parties and/or their counsel.
● The Respondent shall be considered to waive his/her right to counsel if
he/she appears at a hearing without the aid of the latter even after being
informed of said right.
● Before taking any testimony, the Hearing Officer shall place the witness
under oath and then take his/her full name, address, civil status, age, and
complete name and address of the employer
2.2 Sworn Statements of Witnesses

● A sworn statement of the witness properly identified and affirmed shall
constitute direct testimony, copy furnished the other party.
2.3 Presentation of Evidence

● Unless the hearing officer directs otherwise, the order of hearing may be as
follows:
a. The prosecution shall present its evidence;
b. The respondent shall present evidence in support of his/her defense;
c. There may be rebuttal or sur-rebuttal.
● When the presentation of the witnesses has been concluded, the parties shall
formally offer their evidence either orally or in writing, and thereafter
objections thereto may also be made either orally or in writing. After which,
both parties may be given time to submit their respective memorandum
which in no case shall be beyond five (5) days after the termination of the
investigation. Failure to submit the same within the given period shall be
considered a waiver thereof.
● All objections raised during the hearing shall be resolved by the hearing
officer. However, objections that cannot be ruled upon by the hearing officer
shall be noted with the information that the same shall be included in the
memorandum of the concerned party to be ruled upon by the proper
disciplining authority.
● The hearing officer shall admit all evidence formally offered subject to the
objection/s interposed against its admission.
2.4 Marking of Evidence

● All documentary evidence or exhibits shall be properly marked by letters
(A,B,C, etc.) if presented by the prosecution and by numbers (1,2,3, etc.) if
presented by the respondent. These shall form part of the complete records.
2.5 Issuance of Subpoena

● The hearing officer may issue subpoena ad testificandum to compel the
attendance of witnesses and subpoena duces tecum for the production of
documents or things.
● If a party desires the attendance of a witness and/or the production of
documents, he/she shall make a request for the issuance of the necessary
subpoena ad testificandum and/or subpoena duces tecum, at least seven (7)
days before the scheduled hearing.
2.6 Record of Proceedings

● Records of the proceedings during the formal investigation may be taken in
shorthand or stenotype or any other means of recording.
2.7 Filing of Pleadings

● All pleadings filed by the parties shall be copy furnished the other party with
proof of service. Failure in this regard may justify non-receipt or non-action
on the pleading. Any pleadings sent by registered mail or private courier
service shall be deemed filed on the date stamped on the envelope or courier
pack which shall be attached to the records of the case, and in case of
personal delivery, the date stamped thereon.
3. Formal Investigation Report

● Within fifteen (15) days after the conclusion of the formal investigation, a
report containing a narration of the material facts established during the
investigation, the findings and the evidence supporting said findings, as well
as the recommendations, shall be submitted by the hearing officer to the
disciplining authority. The complete records of the case shall be attached to
the report of investigation which shall be treated with confidentiality.
● The complete records with Table of Contents shall be systematically and
chronologically arranged, paged and securely bound to prevent loss.
III. Institutional Arrangements
Use of Virtual Platforms

● The use of virtual platforms, as necessary, is allowed to ensure speedy
disposition of formal investigation.
Custody of Records
● Records of decided administrative cases and related proceedings shall be
under the custody of the ODG-Legal Section. Such records shall be treated as
confidential. No person may access, inspect, or copy the same, unless such
person is involved therein, or unless legally permitted to do so.
Capability building
● The HRMD shall allocate funds to provide for the learning and development
intervention related to the 2017 RACCS.
IV. Term
● This Committee Composition shall be in effect in no more than two years
from the date of issuance unless earlier revoked.
V. Repealing Clause
● This Office Order supersedes Office Order No. 2021-134.
JEREMY R. BARNS, CESO III

Director-General
Encl: Annex A – Templates for Pre-hearing Order and Formal Investigation Report
CC: NONE
NMPFIC/Misa/mkm
ANNEX A.1 - Pre-Hearing Order (Folio size paper)
NATIONAL MUSEUM OF THE PHILIPPINES,

Complainant,
-versus- Administrative Case No. xxx

For: xxx
(Name of Respondent)
Respondent.
x-------------------------------------x
PRE-HEARING ORDER
I. This is to certify that on the pre-hearing conference conducted on _________ at
______in the morning/afternoon, the following proceedings took place.
II. The Hearing Officer (HO), ___________________, welcomed the Respondent,
_________________. The HO introduced him/herself, acknowledged the members of
the Formal Investigation Committee attending _____________, and called the pre-
hearing conference to order.
III. The conduct of the pre-hearing conference is for the purpose of:
a. Stipulation of facts;
b. Simplification of Issues;
c. Identification and marking of evidence;
d. Waiver of objections to the admissibility of evidence;
e. Limiting the number of witnesses, and their names;
f. Dates of subsequent hearings; and
g. Such other matters as may aid in the prompt and just resolution of the case.
IV. The issue raised is as follows:

○ xxx
V. The parties agreed on the following facts:
○ xxx
VI. Pieces of Evidence Marked:
○ For the Comlainant
1. “A”.. and so on..
○ For the Respondent
1. “1”.. and so on…
VII. The following are the witnesses to be presented during the Hearing as scheduled below:
VIII. ADJOURNMENT
The meeting is hereby adjourned at _____________.
Prepared by:
_______________________________
Secretariat
Approved by:
________________________ ________________________
Chairperson or Hearing Officer Respondent
Formal Investigation Committee
ATTENDEES: (Members of the Committee)

ANNEX A.2 - Formal Investigation Report (Folio size paper)
NATIONAL MUSEUM OF THE PHILIPPINES,

Complainant,
-versus- Administrative Case No. xxx

For: xxx
(Name of Respondent)
Respondent.
x-------------------------------------x
FORMAL INVESTIGATION REPORT

I. Facts
xxx
II. Simplification of Issues
xxx
III. Discussion and Findings
xxx
IV. Recommendation/s
xxx
RESPECTFULLY SUBMITTED.
(date) . Manila, Philippines
________________________
Hearing Officer
________________ _____________
Member Member
______________________ ____________________
MUSEO Representative Member
____________________________
Secretariat

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OFFICE ORDER NO.

SUBJECT: Reconstitution of the NMP Formal Investigation Committee (FIC)

Carmelo Rei C. Santos Supervising Administrative Officer

II. Roles and Responsibilities of the Committee

● At the start of the formal investigation, a designated Hearing Officer from

The conduct of Pre-Hearing Conference is mandatory. Failure by any party to

2.2 Sworn Statements of Witnesses

2.3 Presentation of Evidence

2.4 Marking of Evidence

2.5 Issuance of Subpoena

2.6 Record of Proceedings

2.7 Filing of Pleadings

3. Formal Investigation Report

III. Institutional Arrangements

Use of Virtual Platforms

JEREMY R. BARNS, CESO III

NATIONAL MUSEUM OF THE PHILIPPINES,

-versus- Administrative Case No. xxx

IV. The issue raised is as follows:

The meeting is hereby adjourned at _____________.

ATTENDEES: (Members of the Committee)

NATIONAL MUSEUM OF THE PHILIPPINES,

-versus- Administrative Case No. xxx

FORMAL INVESTIGATION REPORT

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