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1 GRIEVANCE COMMITTEE AND DISCIPLINARY BOARD

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3 A. ETHICS and GRIEVANCE COMMITTEE
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5RULES OF PROCEDURE
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7 Section 1. Grievance Committee; Composition. A Ethics and
8Grievance Committee, hereinafter referred to as the Committee,
9should be created heretofore, which shall be composed of the
10Immediate Past President as Chairman and two (2) members coming
11from each area who have been, at the time of their appointment, a
12member of the GEP Caraga in good standing for the last three (3)
13consecutive years prior to their appointment.
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15 Section 2. Jurisdiction. The Ethics and Grievance Committee
16shall have exclusive original jurisdiction to hear and decide cases
17involving:
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19 a) Controversies arising out of inter-local chapter or
20 intra-local chapters relations; between and among
21 individual members; between any or all of them and the
22 local chapter of which they are members, respectively;
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24 b) Controversies in the election or appointment of local
25 chapter officers, directors; and
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27 c) Controversies between any local chapter, individual
28 members and the regional chapter as regards the
29 interpretation, application or compliance with any of the
30 provisions of the Constitution and By Laws of the
31 Geodetic Engineers of the Philippines.
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33 However, the Ethics and Grievance Committee shall not only be
34limited to hear and decide controversies /cases herein provided but
35may also initiate mediation or conciliation proceedings toward
36amicable settlement of controversies at hand.
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38 Section 3. Who may file complaint. Only member(s) and/or local
39chapter(s) in good standing as defined in the Constitution and By-
40Laws may file a complaint before the Ethics and Grievance
41Committee.
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43 Section 4. Complaint. The complaint shall state the relevant
44and material facts, the issue in controversy, and the argument(s)
45relied upon by the complaining party duly signed by the
46complainant(s) or, in the case of a local chapter, it shall be
47signed by the local chapter President or any member authorized by
48virtue of a local chapter board resolution. The name and addresses
49of the complainant(s) and respondent(s) must also be stated in the
50complaint.
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52 Section 5. Where and when to file. The complaint shall be
53filed in six (6) legible copies together with the supporting
54documents, with the GEP Caraga Secretariat with the payment of a
55filing fee in the amount of FIFTEEN THOUSAND (P15, 000) Pesos, for
56cases involving for local chapter(s), FIVE THOUSAND PESOS (P5, 000)
57Pesos up to maximum not to exceed of TEN THOUSAND (P10, 000) Pesos,
58Philippine currency depending on the complexity of the case for
59cases involving each individual member.
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61 The complaint must be filed within two (2) months from the
62date of occurrence of the controversy, or from the date of the
63election or appointment of the officer concerned. Otherwise, the
64controversy shall no longer be entertained by the Committee.
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66 Section 6. Order. Upon the filing of the complaint, the
67Committee shall thereafter issue an order directing or requiring
68the respondent(s) to file his answer thereto within fifteen (15)
69days from receipt thereof.
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71 Section 7. Answer. Upon being served of the order, the
72respondent(s) must answer within fifteen (15) days from the
73receipt, setting forth all his defenses and arguments on the
74controversy duly signed by the respondent(s), or in the case of a
75local chapter, by the President or any member authorized by virtue
76of a local chapter board resolution. Failure of the respondent(s)
77to file its answer(s) within the period prescribed shall be
78construed as a waiver on the part of the respondent(s) to refute
79the allegations and arguments in the complaint, and the dispute
80shall thereafter be deemed submitted for resolution by the
81Committee.
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83 Section 8. Motion for Postponement. To forestall delay in the
84swift disposition of disputes before the Committee, no motion for
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85postponement shall be allowed except, for compelling reasons, as
86may be determined by the Committee.
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88 Section 9. Resolutions: Hearing when ordered. Should the
89Committee find, upon a consideration of all the pleadings and other
90documents, that a resolution may be rendered thereon without need
91of a formal hearing, it may proceed to render a resolution not
92later than fifteen (15) days from the submission of the answer or
93position statement of the parties, if any.
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95 In cases where the Committee deems it necessary to hold a
96hearing to clarify specific factual matters before rendering a
97resolution, they shall set the case for hearing for this purpose.
98At such hearing, witnesses whose affidavits were previously
99submitted, as required by the Committee, may be asked of
100clarificatory questions by the complainant(s) and by the Committee,
101and may be cross-examined by the adverse party. The order setting
102the case for hearing shall specify the witnesses who shall be
103called to testify and the matters on which their examination shall
104deal on.
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106 All disputes shall be heard by the Committee en banc and shall
107de decided upon by a majority vote of all the members of the
108Committee.
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110 Section 10. Appeal. The resolution of the Committee shall be
111appealable to the Geodetic Engineers of the Philippines National
112Board of Governors.
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114 Section 11. Liberal Construction. All pleadings and these
115rules shall be liberally construed to the end that all matters of
116controversy may be appropriately resolved and/or settled.
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118 Section 12. Effectivity. This rules of Procedure shall take
119effect immediately and shall thereafter, form part of the Policy of
120the Geodetic Engineers of the Philippines Caraga Region.
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127 B. DISCIPLINARY BOARD
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129RULES OF PROCEDURE
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131 Section 1. Disciplinary Board. The Regional Board of Directors
132shall, in addition to their duties as provided for in the
133Constitution and the By-Laws, also sit as the Disciplinary Board
134with the Regional President as the Chairman.
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136 Section 2. Grounds. The following shall be the grounds for
137disciplinary action, to wit:
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139 a) Violation of the Code of Ethical Standards for the
140 Geodetic Engineering Profession by any individual member
141 of the GEP Caraga Region;
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143 b) Violation of the By-Laws by any local chapter or
144 individual member of the organization;
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146 c) Violation of the By-Laws, conviction of any crime
147 involving moral turpitude, dereliction of duty or conduct
148 inimical to the interests of the organization committed
149 by members of the Regional Board, elective or appointive;
150 members of the Committee, Commissions, Director or
151 Chairman;
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153 d) The malfeasance, misfeasance or nonfeasance committed by
154 members of the Regional Board, members of the Committee,
155 Commissions and any appointive officer of the
156 organization;
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158 e) Assault, insubordination, disrespect and all other
159 unlawful and offensive conduct or behavior committed upon
160 the person and/or office of the Regional Officer(s)
161 and/or by any local organization(s) and/or individual
162 members of the organization; and,
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164 f) All other violations or acts that seriously affect the
165 interest, dignity and integrity of the organization and
166 its officers;
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168 Section 3. How initiated. The Regional Board may motu propio,
169or upon written petition by any individual member or local chapter
170in good standing.
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172 Section 4. Petition. The petition shall state the specific and
173relevant acts committed by the Regional Officer, local chapter or
174member concerned which are grounds for disciplinary action. The
175petition shall be duly signed by the petitioner(s) or, in the case
176of a local chapter, it shall be signed by the local chapter
177President or any member authorized by virtue of a board resolution.
178The name and addresses of the petitioner(s) and the respondent(s)
179must also be specifically indicated in the petitioner.
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181 Section 5. Where to file; Order. The petitioner shall file
182such petition in Six (6) legible copies together with the
183supporting documents with the GEP Caraga Secretariat either
184personally or by registered mail. Upon receipt of the petition, the
185Ethic and Grievance Committee Chairman shall thereafter immediately
186issue an order directing or requiring the respondent(s) to file his
187answer thereto within fifteen (15) days from receipt thereof.
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189 Section 6. Answer. Upon being served of the order, the
190respondent(s) must answer with fifteen (15) days from receipt
191setting forth all his defenses and arguments duly signed by the
192respondent(s) under oath attaching therewith all affidavits of his
193witnesses and other documentary evidences. Failure of the
194respondent(s) to file its answer(s) within the period prescribed
195shall be construed as a waiver on the part of the respondent(s) to
196refute the allegations in the petition, and the dispute shall
197thereafter be deemed submitted for resolution by the Regional
198Board.
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200 Section 7. Hearing. Upon receipt of the answer of the
201respondent(s), the case shall be scheduled for hearing with proper
202notices to the parties.
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204 At such hearing, witnesses whose affidavits were previously
205submitted, may be asked of clarificatory questions by the
206petitioner(s) and by the Board, and may be cross-examined by the
207respondent(s). The order setting the case for hearing shall specify
208the witnesses who shall be called to testify and the matters on
209which their examination shall deal.
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211 All cases shall be heard by the Board en banc and shall de
212decided upon by a majority vote of all the members of the
213Disciplinary Board.
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215 Section 8. Motion for Postponement. To forestall delay in the
216swift disposition of cases before the Board, no motion for
217postponement shall be allowed except, for compelling reasons as may
218be determined by the Board.
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220 Section 9. Prohibition. Any member of the Regional Board who
221is made a respondent who is the subject of the disciplinary action
222shall immediately inhibit himself or be excluded from participating
223in the deliberation of the case as a member of the Disciplinary
224Board.
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226 Section 10. Sanctions. The Disciplinary Board, taking into
227consideration the gravity of the offense committed and other
228relevant circumstances, has the discretion to impose whatever
229sanction it may deem appropriate ranging from reprimand or censure,
230suspension, impeachment from office, termination and/or expulsion
231from the Regional Division.
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233 Section 11. Finality of Decisions. Decision of the
234Disciplinary Board shall be final and executory. A report on the
235action taken stating the facts and other circumstances shall
236immediately be submitted by the Disciplinary Board to the General
237Assembly in a Regional Convention for its information or action, if
238necessary.
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240 The General Assembly may however reverse, set aside, amend or
241modify the decision of the Disciplinary Board by a two-thirds vote
242of all the members present during such Regional Convention.

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