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CHAPTER IV (c) A complaint against any elective barangay official shall probability that the continuance in office of the

shall probability that the continuance in office of the respondent


Disciplinary Actions be filed before the sangguniang panlungsod or sangguniang could influence the witnesses or pose a threat to the safety
bayan concerned whose decision shall be final and and integrity of the records and other evidence: Provided,
Section 60. Grounds for Disciplinary Actions. - An elective executory. That, any single preventive suspension of local elective
local official may be disciplined, suspended, or removed officials shall not extend beyond sixty (60) days: Provided,
from office on any of the following grounds: Section 62. Notice of hearing. - further, That in the event that several administrative cases
are filed against an elective official, he cannot be
(a) Disloyalty to the Republic of the Philippines; (a) Within seven (7) days after the administrative complaint
preventively suspended for more than ninety (90) days
is filed, the Office of the President or the sanggunian
(b) Culpable violation of the Constitution; within a single year on the same ground or grounds existing
concerned, as the case may be, shall require the respondent
and known at the time of the first suspension.
to submit his verified answer within fifteen (15) days from
(c) Dishonesty, oppression, misconduct in office, gross
receipt thereof, and commence the investigation of the (c) Upon expiration of the preventive suspension, the
negligence, or dereliction of duty;
case within ten (10) days after receipt of such answer of the suspended elective official shall be deemed reinstated in
(d) Commission of any offense involving moral turpitude or respondent. office without prejudice to the continuation of the
an offense punishable by at least prision mayor; proceedings against him, which shall be terminated within
(b) When the respondent is an elective official of a province
one hundred twenty (120) days from the time he was
(e) Abuse of authority; or highly urbanized city, such hearing and investigation shall
formally notified of the case against him. However, if the
be conducted in the place where he renders or holds office.
delay in the proceedings of the case is due to his fault,
(f) Unauthorized absence for fifteen (15) consecutive For all other local elective officials, the venue shall be the
neglect, or request, other than the appeal duly filed, the
working days, except in the case of members of the place where the sanggunian concerned is located.
duration of such delay shall not be counted in computing
sangguniang panlalawigan, sangguniang panlungsod,
(c) However, no investigation shall be held within ninety the time of termination of the case.
sangguniang bayan, and sangguniang barangay;
(90) days immediately prior to any local election, and no
(d) Any abuse of the exercise of the power of preventive
(g) Application for, or acquisition of, foreign citizenship or preventive suspension shall be imposed within the said
suspension shall be penalized as abuse of authority.
residence or the status of an immigrant of another country; period. If preventive suspension has been imposed prior to
and the 90-day period immediately preceding local election, it Section 64. Salary of Respondent Pending Suspension. - The
shall be deemed automatically lifted upon the start of respondent official preventively suspended from office shall
(h) Such other grounds as may be provided in this Code and aforesaid period. receive no salary or compensation during such suspension;
other laws.
but upon subsequent exoneration and reinstatement, he
Section 63. Preventive Suspension. -
An elective local official may be removed from office on the shall be paid full salary or compensation including such
grounds enumerated above by order of the proper court. (a) Preventive suspension may be imposed: emoluments accruing during such suspension.

Section 61. Form and Filing of Administrative Complaints. - (1) By the President, if the respondent is an elective official Section 65. Rights of Respondent. - The respondent shall be
A verified complaint against any erring local elective official of a province, a highly urbanized or an independent accorded full opportunity to appear and defend himself in
shall be prepared as follows: component city; person or by counsel, to confront and cross-examine the
witnesses against him, and to require the attendance of
(a) A complaint against any elective official of a province, a (2) By the governor, if the respondent is an elective official witnesses and the production of documentary process of
highly urbanized city, an independent component city or of a component city or municipality; or subpoena or subpoena duces tecum.
component city shall be filed before the Office of the
President; (3) By the mayor, if the respondent is an elective official of Section 66. Form and Notice of Decision. -
the barangay.
(b) A complaint against any elective official of a municipality (a) The investigation of the case shall be terminated within
shall be filed before the sangguniang panlalawigan whose (b) Preventive suspension may be imposed at any time after ninety (90) days from the start thereof. Within thirty (30)
decision may be appealed to the Office of the President; the issues are joined, when the evidence of guilt is strong, days after the end of the investigation, the Office of the
and and given the gravity of the offense, there is great President or the sanggunian concerned shall render a
decision in writing stating clearly and distinctly the facts and of such administrative investigations shall be reported to is heavier than suspension of thirty (30) days, the decision
the reasons for such decision. Copies of said decision shall the Civil Service Commission. shall be appealable to the Civil Service Commission, which
immediately be furnished the respondent and all interested shall decide the appeal within thirty (30) days from receipt
parties. Section 85. Preventive Suspension of Appointive Local thereof.
Officials and Employees. -
(b) The penalty of suspension shall not exceed the Section 88. Execution Pending Appeal. - An appeal shall not
unexpired term of the respondent or a period of six (6) (a) The local chief executives may preventively suspend for prevent the execution of a decision of removal or
months for every administrative offense, nor shall said a period not exceeding sixty (60) days and subordinate suspension of a respondent-appellant. In case the
penalty be a bar to the candidacy of the respondent so official or employee under his authority pending respondent-appellant is exonerated, he shall be reinstated
suspended as long as he meets the qualifications required investigation if the charge against such official or employee to his position with all the rights and privileges appurtenant
for the office. involves dishonesty, oppression or grave misconduct or thereto from the time he had been deprived thereof.
neglect in the performance of duty, or if there is reason to
(c) The penalty of removal from office as a result of an believe that the respondent is guilty of the charges which
administrative investigation shall be considered a bar to the would warrant his removal from the service.
candidacy of the respondent for any elective position.
(b) Upon expiration of the preventive suspension, the
Section 67. Administrative Appeals. - Decisions in suspended official or employee shall be automatically
administrative cases may, within thirty (30) days from reinstated in office without prejudice to the continuation of
receipt thereof, be appealed to the following: the administrative proceedings against him until its
termination. If the delay in the proceedings of the case is
(a) The sangguniang panlalawigan, in the case of decisions due to the fault, neglect or request of the respondent, the
of the sangguniang panlungsod of component cities and the time of the delay shall not be counted in computing the
sangguniang bayan; and period of suspension herein provided.
(b) The Office of the President, in the case of decisions of Section 86. Administrative Investigation. - In any local
the sangguniang panlalawigan and the sangguniang government unit, administrative investigation may be
panlungsod of highly urbanized cities and independent conducted by a person or a committee duly authorized by
component cities. the local chief executive. Said person or committee shall
conduct hearings on the cases brought against appointive
Decisions of the Office of the President shall be final and
local officials and employees and submit their findings and
executory.
recommendations to the local chief executive concerned
Section 68. Execution Pending Appeal. - An appeal shall not within fifteen (15) days from the conclusion of the hearings.
prevent a decision from becoming final or executory. The The administrative cases herein mentioned shall be decided
respondent shall be considered as having been placed within ninety (90) days from the time the respondent is
under preventive suspension during the pendency of an formally notified of the charges.
appeal in the event he wins such appeal. In the event the
Section 87. Disciplinary Jurisdiction. - Except as otherwise
appeal results in an exoneration, he shall be paid his salary
provided by law, the local chief executive may impose the
and such other emoluments during the pendency of the
penalty of removal from service, demotion in rank,
appeal.
suspension for not more than one (1) year without pay, fine
Section 84. Administrative Discipline. - Investigation and in an amount not exceeding six (6) months salary, or
adjudication of administrative complaints against reprimand and otherwise discipline subordinate officials
appointive local officials and employees as well as their and employees under his jurisdiction. If the penalty
suspension and removal shall be in accordance with the civil imposed is suspension without pay for not more than thirty
service law and rules and other pertinent laws. The results (30) days, his decision shall be final. If the penalty imposed
REPUBLIC ACT No. 6770 in which case the period of such delay shall not be counted 1987 Constitution - Article X
in computing the period of suspension herein provided.
AN ACT PROVIDING FOR THE FUNCTIONAL AND
STRUCTURAL ORGANIZATION OF THE OFFICE OF THE
OMBUDSMAN AND FOR OTHER PURPOSES. Section 11. The Congress may, by law, create special
RA 3019 metropolitan political subdivisions, subject to a plebiscite as
Section 1. Title. - This Act shall known as "The Ombudsman set forth in Section 10 hereof. The component cities and
Act of 1989". Section 13. Suspension and loss of benefits. Any public municipalities shall retain their basic autonomy and shall be
officer against whom any criminal prosecution under a valid entitled to their own local executive and legislative
Section 13. Mandate. - The Ombudsman and his Deputies, information under this Act or under the provisions of the assemblies. The jurisdiction of the metropolitan authority
as protectors of the people, shall act promptly on Revised Penal Code on bribery is pending in court, shall be that will thereby be created shall be limited to basic services
complaints filed in any form or manner against officers or suspended from office. Should he be convicted by final requiring coordination
employees of the government, or of any subdivision, agency judgment, he shall lose all retirement or gratuity benefits
or instrumentality thereof, including government-owned or under any law, but if he is acquitted, he shall be entitled to
controlled corporations, and enforce their administrative, reinstatement and to the salaries and benefits which he
civil and criminal liability in every case where the evidence failed to receive during suspension, unless in the meantime
warrants in order to promote efficient service by the administrative proceedings have been filed against him.
Government to the people
ADMINISTRATIVE CODE OF 1987
Section 21. Officials Subject to Disciplinary Authority;
Exceptions. - The Office of the Ombudsman shall have Executive Order No. 292 [BOOK V/Title I/Subtitle
disciplinary authority over all elective and appointive A/Chapter 7-Discipline]
officials of the Government and its subdivisions,
SECTION 51. Preventive Suspension.The proper
instrumentalities and agencies, including Members of the
disciplining authority may preventively suspend any
Cabinet, local government, government- owned or
subordinate officer or employee under his authority
controlled corporations and their subsidiaries, except over
pending an investigation, if the charge against such officer
officials who may be removed only by impeachment or over
or employee involves dishonesty, oppression or grave
Members of Congress, and the Judiciary.
misconduct, or neglect in the performance of duty, or if
Section 24. Preventive Suspension. - The Ombudsman or his there are reasons to believe that the respondent is guilty of
Deputy may preventively suspend any officer or employee charges which would warrant his removal from the service.
under his authority pending an investigation, if in his
SECTION 52. Lifting of Preventive Suspension Pending
judgement the evidence of guilt is strong, and (a) the charge
Administrative Investigation.When the administrative
against such officer or employee involves dishonesty,
case against the officer or employee under preventive
oppression or grave misconduct or neglect in the
suspension is not finally decided by the disciplining
performance of duty; (b) the charges would warrant
authority within the period of ninety (90) days after the
removal from the service; or (c) the respondent's continued
date of suspension of the respondent who is not a
stay in office may prejudice the case filed against him.
presidential appointee, the respondent shall be
The preventive suspension shall continue until the case is automatically reinstated in the service: Provided, That
terminated by the Office of the Ombudsman but not more when the delay in the disposition of the case is due to the
than six months, without pay, except when the delay in the fault, negligence or petition of the respondent, the period
disposition of the case by the Office of the Ombudsman is of delay shall not be counted in computing the period of
due to the fault, negligence or petition of the respondent, suspension herein provided.