1st Endorsement

11 September 2019

RESPECTFULLY SUBMITTING to ATTY. CHARADE B. MERCADO-GRANDE,

ASSISTANT SECRETARY of the OFFICE OF THE CHIEF OF STAFF AND HEALTH
REGULATION TEAM, San Lazaro Compound, Tayuman, Manila, the proposed New
Rules of Procedures in Handling Administrative Disciplinary Complaints in the
Department of Health, for her consideration and appropriate action.

Thank you.

From the Mindanao Cluster:

(SGD) ATTY. CARLO FRANCO THOMAS C. LIMJOCO

CHD Northern Mindanao

(SGD) ATTY. DARRYL JUNE LUIGI TAPE (SGD) ATTY. PIUS G. MORADOS
CHD Davao CHD Zamboanga

(SGD) ATTY. SHEENA MAE B. MONTEJO

CHD Caraga

D:D13/ccl
 ADMINISTRATIVE ORDER
No. 2019______

SUBJECT : New Rules of Procedures in Handling Administrative Disciplinary

Complaints in the Department of Health

1. RATIONALE

The Department of Health (DOH) issued Administrative Order No. 2015-0048 dated November
13, 2015, in order to be more responsive to the new organizational structure of the department pursuant
to Executive Order No. 366 dated October 4, 2004, and to be consistent with the Revised Rules on
Administrative Cases in the Civil Service (RACCS).

In view of the 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS). The
Magna Carta of Public Health Workers (Republic Act 7305), and the issuance of E.O. No. 43 s.2017,
creating the Presidential Anti-Corruption Commission, there is a need to amend the DOH procedure in
handling administrative complaints to have a systematic process for the expeditions disposition of
cases.

In order to achieve this, there is a need to delegate the decision-making process on the critical
stage of the disciplinary action, to DOH officials other than the disciplining authority or head of agency.
In doing so, the department can ensure that all types of complaint are dealt with ultimately resulting in
an efficient and effective disposition of complaints/cases.

II. OBJECTIVE

These procedures on handling administrative disciplinary complaints against the personnel of

the Department of Health aims to expedite the disposition of cases by ensuring that all types of
complaint are dealt with accordingly. It enumerates the types of complaints to be acted upon and
establishes procedures to guide both public and private complainants, the disciplining authority
concerned, the legal officers of the department and the hearing committees tasked to conduct the formal
investigation, in their respective course of action from the time the complaint is filed until its disposition.

III. SCOPE

This order applies to administrative disciplinary complaints filed by any person against the
officers or employees of the Department of Health which includes the Central Office, DOH Retained
Hospitals, Regional Offices, Bureaus, Sanitaria, Treatment and Rehabilitation Centers, and the
Presidential Appointees in DOH Specialty Hospitals, Food and Drug Administration (FDA) and attached
agencies (National Nutrition Council (NNC), Philippine National Aids Council (PNAC) Secretariat, and
Philippine Institute of Traditional and Alternative Health Care (PITAHC). These rules shall likewise apply
to other appointees of the Secretary of Health as provided under special laws.

The 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS) or CSC Resolution
No. 1701077 dated July 3, 2017, shall be suppletory to these rules and procedures.

IV. DEFINITION OF TERMS

Definition and Acronyms as herein used are as follows:

1. Appeal – refers to the elevation by an aggrieved party of any decision, order or award of
a lower body to a higher body. (Philippine Legal Encyclopedia)

2. Due Process – refers to Administrative Due Process, wherein a person charged of an

administrative offense is notified of the charge against him and given an opportunity to
explain or defend himself. In an administrative proceeding, the filing of charges and giving
reasonable opportunity for the person so charged to answer the accusations against him
 constitute the minimum requirements of due process. The essence of due process is
simply to be heard, or as applied to administrative proceedings, an opportunity to explain
one side, or an opportunity to seek a reconsideration of the action or ruling complained of
(Ledesma vs. Court of appeals, G.R. No. 166780, December 27,2007).

3. Fact Finding Committee/Officer (FFC/FFO) - refers to the official or employee created

or designated and tasked by disciplining authority concerned to conduct a fact-finding
investigation on anonymous complaints which involves a single or simple issue in an ad
hoc capacity.

4. Fact Finding Report (FFR) – refers to the written output of the FFC/FFO. The report shall
contain the following information: (1) the allegations set out in the complaint; (2) how the
investigation was conducted including the methods used (i.e. personal interview of the
employees/officials concerned, document review, ocular inspection, site visit, consultation
with experts, etc.); (3) relevant facts gathered; and (4) the finding and recommendations.

5. Formal Charge (FC) – refers to the formal complaint filed against a public official or
employee upon finding of the existence of prima facie case after conducting a preliminary
investigation.

6. Formal Investigation Report (FIR) - refers to the report containing a narration of the
material facts established during the investigation, the findings and the evidence
supporting said findings, as well as the recommendation, shall be submitted by the hearing
officer/committee to the disciplining authority. The complete records of the case shall be
attached to the report of investigation which shall be treated with confidentiality.

7. Internal Audit Service (IAS) – refers to the unit in the DOH which is mandated to conduct
Special and Investigative Audit relative to graft-related complaints and/or existence of
perception for corruption and malpractices as endorsed by or by the Integrity Development
Committee (IDC) of the DOH.

8. Legal Officer (LO) – refers to any personnel of the department who is a member of the
Integrated Bar of the Philippines and duly appointed as an attorney. For purposes of this
Administrative Order, all LOs are authorized to administer oath or affirmation in connection
with the complaints filed with their respective offices.

9. Personnel Adjudication Committee – refers to the committee which acts as the

investigating arm of the Secretary of Health in administrative cases and ensure the proper
conduct of administrative investigation in the Department.

10. Preliminary Investigation (PI) – refers to the mandatory proceeding undertaken to

determine whether a prima facie case exists to warrant the issuance of a formal
charge/notice of charge.

11. Preliminary Investigation Report - the report containing a narration of the material
facts established during the investigation, the determination of prima facie case and the
evidence supporting such determination, including the recommendation to warrant the
issuance of refers to a formal charge/notice of charge and may indicate the corresponding
and appropriate penalty.

12. Presidential Anti-Corruption Commission (PACC) - refers to the commission created

on October 4, 2017 through Executive Order No. 43 directly assist the President in
investigating and/or hearing administrative cases primarily involving graft and corruption
against all presidential appointees in fulfillment of the President’s mandate to stop
corruption.

13. Preventive Suspension - It is not a penalty but is designed merely as a measure of

precaution so that the respondent may be removed from the scene of the alleged
misfeasance/malfeasance/nonfeasance while the case is being investigated.
 14. Verifiable Information - refers to information which can be ascertained, established or
confirmed as true or correct by examination, research or comparison of documents; or that
information for which accuracy and veracity can be confirmed by piece/s of evidence.

V. GENERAL POLICY

All DOH officials and employees must at all time be accountable to the people, serve
them with utmost responsibility, integrity, loyalty and efficiency as well as serve the Filipino
people with sincerity and patriotism, lead modest lives and uphold the rule of the law and the
highest standards of honesty, integrity and transparency in the performance of their official
duties and responsibilities in the Department.

In adherence to the principle that public office is a public trust, the DOH shall hear and
decide administrative cases instituted by or brought before it directly or on appeal.

In doing so, the Department shall at all times respect the constitutional right to due
process.

RULE I
JURISDICTION

Section 1. The Secretary of Health shall exercise:

a. Original Jurisdiction on:

i. Complaints filed against all Presidential Appointees in the DOH Central Office,
Regional Offices/Centers for Health Development, BOQ, FDA, PITAHC, NNC, PNAC,
Lung Center of the Philippines, National Kidney and Transplant Institute, Philippine
Children’s Medical Center, and Philippine Heart Center;

ii. Complaints filed against officers and employees in the DOH Central Office, all
retained/renationalized hospitals/medical centers, sanitaria, rehabilitation centers, and
special hospitals under the supervision of the Central Office, FDA, BOQ, PITAHC,
NNC, and PNAC;

iii. Complaints filed against Directors/COH/MCC;

b. Appellate Jurisdiction on:

i. Confirmation of Decisions on cases imposing the penalty of dismissal from the service;

ii. Appeals on Decisions rendered by the CHD Regional Directors or the Personnel
Adjudication Committee (PAC).

Section 2. The Regional Directors of CHDs shall exercise:

a. Original Jurisdiction on:

i. Complaints filed against officers and employees of CHD with positions lower than the
a Director;

ii. Complaints filed against officers and employees in all retained/renationalized

hospitals/medical centers, sanitaria, rehabilitation centers, and special hospitals under
the supervision of the CHD with positions lower than a Chief of Hospital or Medical
Center Chief.

RULE II
PERSONNEL ADJUDICATION COMMITTEE
Section 1. A committee to be known as the Personnel Adjudication Committee (PAC) is hereby created.
The chairperson and vice-chairperson shall be the Usec of the XXX and xxxxx, respectively, and its
members thereof shall be composed of all legal officers of all CHDs.

Section 2. The PAC shall be divided into three (3) clusters, each representing a fixed geographic area,
to be known as follows:

a. PAC Central;
b. PAC Luzon; and
c. PAC Vismin

The clusters shall be composed of the legal officers of CHDs corresponding to the geographic area
represented by each of the cluster.

Section 3. The PAC shall perform the following functions:

a. Conduct preliminary investigations or fact-finding investigations on the following:

i. Complaints referred by CHDs or by retained/renationalized hospitals/medical centers,
sanitaria, rehabilitation centers, or special hospitals under the supervision of the CHD by
reason of lack of legal officer or by the legal officer’s inhibition or in cases where complaints
do not comply with the requirements of a valid complaint, or in cases of anonymous
complaints;
ii. Complaints referred by the Secretary of Health (SOH).

b. Conduct fact-finding investigations on complaints against directors, COHs, or MCCs;

c. Conduct fact-finding investigations on matters referred by the Internal Affairs Service or by the
SOH;

d. Issue reports/resolutions on all investigations conducted;

e. Review all preliminary investigation reports issued by CHDs or by retained/renationalized

hospitals/medical centers, sanitaria, rehabilitation centers, or special hospitals under the
supervision of the CHD which resolved to dismiss complaints duly filed and if need be, based
on applicable facts and laws, modify or reverse the resolutions of the preliminary investigation
reports;

f. Review all decisions issued by the disciplinary authority of CHDs or by retained/renationalized

hospitals/medical centers, sanitaria, rehabilitation centers, or special hospitals under the
supervision of the CHD which modified or altered the Formal Investigation Report submitted by
the hearing officer/committee and if need be, based on applicable facts and laws, modify or
reverse the decision;

g. Issue formal charges to be referred for action to the appropriate office which shall create the
hearing committee.

All reports, resolutions, and findings issued by the PAC shall be approved by the Secretary of Health,
or his/her designate/representative.

Section 4. All administrative matters shall be decided by the chairperson, or in his/her absence, by the
vice-chairperson.

Section 5. The Office of the chairperson shall act as the secretariat of the committee.

RULE III
COMPLAINT

Section 1. Administrative proceedings may be initiated by the disciplining authority motu proprio or upon
complaint of any other person.
Section 2. Except when initiated by the disciplining authority or his/her authorized representative, no
complaint against a civil service official or employee shall be given due course unless the same is in
writing, subscribed and sworn to by the complainant.

In cases initiated by the proper disciplining authority or his/her authorized representative, a show cause
order is sufficient.

Section 3. No anonymous complaint shall be entertained unless there is obvious truth or merit to the
allegations therein or supported by documentary or direct evidence, in which case the person
complained of may be required to comment or a fact-finding investigation shall be conducted by the
legal officer of the disciplining authority, except when the complaint is anonymous and directed against
a director, COH, or MCC, in which case the same shall be referred to the PAC for the conduct of a fact-
finding investigation.

Section 4. The complaint in triplicate copies shall be written in a clear, simple and concise language
and in a systematic manner as to apprise the person complained of, of the nature and cause of the
accusation against him/her and to enable him/ her to intelligently prepare his/her defense or
answer/comment. However, should there be more than one (1) person complained of, the complainant
is required to submit additional copies corresponding to the number of persons complained of.

The complaint shall contain the following: a. full name and address of the complainant; b. full name and
address of the person/s complained of as well as his/ her/their position/s and office/s; c. a narration of
the relevant and material facts which shows the acts or omissions allegedly committed; d. certified true
copies of documentary evidence and affidavits of his/ her witnesses, if any; and e. certification or
statement of non-forum shopping. In the absence of any of the aforementioned requirements, the
complainant shall be required to comply with the requirements or, in the discretion of the disciplining
authority or the legal officer, it shall cause the dismissal of the complaint without prejudice to its refiling
upon compliance with the above requirements.

Section 5. Except when otherwise provided for by law, an administrative complaint may be filed at the
following venues:

a. Before the office of the disciplining authority concerned; or

b. Before the CHD of the region concerned ; or
c. Before the Legal Services of the Central Office; or
d. Before the Office of the Secretary.

Section 6. The withdrawal of the complaint does not result in its outright dismissal nor discharge the
person complained of from any administrative liability. Where there is obvious truth or merit to the
allegation in the complaint or where there is documentary evidence that would tend to prove the guilt of
the person/s complained of, the same should be given due course through the conduct of either a
preliminary investigation or a fact-finding investigation.

RULE IV
PRELIMINARY INVESTIGATION

Section 1. A Preliminary Investigation is a proceeding undertaken to determine whether a prima facie

case exists to warrant the issuance of a formal charge/notice of charge.

The right to counsel may be exercised even during the preliminary investigation.

Section 2. As a general rule, all preliminary investigations shall be conducted by the legal officer of the
concerned office/disciplining authority or by the Central Legal Service, as it may be applicable, except
when the same shall be properly referred to the PAC as herein provided.

Section 3. Upon receipt of a complaint, it shall be duly received and logged by the assigned receiving
staff, which thereafter shall be referred to the legal officer of the disciplining authority within two (2) days
from receipt thereof.
In cases where there is no legal officer either in the CHD or by retained/renationalized hospitals/medical
centers, sanitaria, rehabilitation centers, or special hospitals under the supervision of the CHD, the
complaint shall be referred by the disciplining authority to the PAC.

Section 4. Within two (2) days from receipt of the referred complaint by the legal office, the legal officer
shall evaluate the complaint to determine jurisdiction. If without jurisdiction, the legal officer shall
prepare an endorsement to be approved by the disciplining authority for proper referral of the complaint
to the proper body/office/agency within seven (7) days after evaluation.

If the disciplinary authority has jurisdiction, the legal officer shall determine if the complaint is sufficient
in form and substance, failing of which the legal officer shall either require the complainant to re-file the
complaint to conform to the requirements or, in the case of anonymous complaint, either to dismiss the
complaint or motu propio conduct a fact-finding investigation.

Section 5. Within three (3) days from the determination that the complaint is sufficient in form and
substance, the preliminary investigation shall commence by conducted any or all of the following:

a. Requiring the person/s complained of to submit his/her/their counter-affidavit/comment and/or

other documents within five (5) days from receipt of the complaint or notice;
b. Evaluating the records ex-parte; or
c. Calling for a clarificatory meeting with the parties to discuss the merits of the case.

Where the complaint is initiated by the disciplining authority, the disciplining authority or his authorized
representative shall issue a show-cause memorandum directing the person/s complained of to explain
why no administrative case should be filed against him/ her/them.

The latter’s failure to submit the comment/counter-affidavit/explanation within five (5) days from receipt
of notice shall be considered a waiver thereof and the preliminary investigation may be completed even
without his/her counter-affidavit/comment.

Section 6. A preliminary investigation shall be terminated within twenty (20) days thereafter. The period
may however be extended for another twenty (20) days should an extensive fact-finding investigation
be required or for any justifiable reason, depending on the nature of the case.

Section 7. Within ten (10) [5 days] days from the termination of the preliminary investigation, the
investigating officer shall submit the Investigation Report with recommendation/s and the complete
records of the case to the disciplining authority.

Section 8. If a prima facie case is established during the investigation, the disciplining authority, or the
PAC, when it is applicable, may issue either a formal charge or a notice of charge/s pursuant to Rule
XXXX of this Rules. In the absence of a prima facie case, the complaint shall be dismissed.

In the case of CHDs or by retained/renationalized hospitals/medical centers, sanitaria, rehabilitation

centers, or special hospitals under the supervision of the CHD, when the preliminary investigation report
resolves to dismiss the complaint, copies of all records pertaining to the case shall referred to the PAC
for review.

Decisions of the PAC shall be enforced by the concerned disciplining authority, including, as the case
may require, the ministerial duty to issue the formal charge or notice of charge, unless, in the exercise
of its discretion, the PAC has issued the formal charge or notice of charge, in which case, the disciplining
authority shall refer the matter to the appropriate office for the proper conduct of the formal investigation.

RULE V
FORMAL CHARGE

Section 1. After a finding of a prima facie case, the disciplining authority shall formally charge the person
complained of, who shall now be called as respondent. The formal charge shall contain a specification
of charge/s, a brief statement of material or relevant facts, accompanied by certified true copies of the
documentary evidence, if any, sworn statements covering the testimony of witnesses, a directive to
answer the charge/s in writing, under oath, within five (5) days from receipt thereof, an advice for the
respondent to indicate in his/her answer whether or not he/she elects a formal investigation of the
charge/s, and a notice that he/she may opt to be assisted by a counsel of his/her choice.

Section 2. In instances where the complaint was initiated by a person other than the disciplining
authority, the disciplining authority may issue a written notice of the charge(s) against the person
complained of to which shall be attached copies of the complaint, sworn statement and other documents
submitted. The notice shall contain the charges against the person complained of with a statement that
a prima facie case exists. It shall also include a directive to answer the charge(s) in writing, under oath,
within five (5) days from receipt thereof, and a notice that he/she may opt to be assisted by a counsel
of his/her choice.

Section 3. The disciplining authority shall not entertain requests for clarification, bills of particulars,
motions to dismiss or motions to quash or motions for reconsideration. If any of these pleadings are
interposed by the respondent, the same shall be considered an answer and shall be evaluated as such.

Section 4. When this Rules so require, the formal charge or notice of charge shall be forwarded to the
appropriate office which shall conduct a formal investigation.

RULE VI
PREVENTIVE SUSPENSION

Section 1. The proper disciplining authority, upon motion or motu proprio, may issue an order of
preventive suspension against the respondent upon issuance of the formal charge or notice of charge,
or immediately thereafter, if:

a. The charge involves:

1. Dishonestly;
2. Oppression;
3. Grave Misconduct;
4. Neglect in the Performance of Duty;
5. Other offenses punishable by dismissal from the service; or
6. An administrative offense committed on its second or third instance and the penalty is
dismissal from the service; and

b. The respondent is in a position to exert undue influence or pressure on the witnesses and/or
tamper with evidence.

In order for a preventive suspension order to be valid, Item b and any of the conditions in Item
a must be present.

Section 2. The proper disciplining authority may reassign respondent to another unit of the agency
subject to the same periods as provided in the immediately succeeding section.

Section 3. Unless provided for by law, the disciplining authority may place the respondent under
preventive suspension for a maximum period of ninety (90) days. When the administrative case against
respondent under preventive suspension is not finally decided by the disciplining authority within the
period of preventive suspension, the respondent shall be automatically reinstated in the service unless
the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, in
which case, the periods of delay shall not be included in the counting of the period of preventive
suspension. Any period of delay caused by motions filed by the respondent shall be added to the
period of preventive suspension. Provided, that where the order of preventive suspension is for a
period less than a maximum period, the disciplining authority undertakes to finish the formal
investigation within the said period and is precluded from imposing another preventive suspension.
Provided, further, that should be respondent be on authorized leave, said preventive suspension shall
be deferred or interrupted until such time that said leave has been fully exhausted.

Provided finally that if the respondent is placed under preventive suspension in another case, the
duration of the second preventive suspension shall simultaneously run with the first preventive
 suspension without prejudice to the service of the remaining period of the second preventive
suspension.

Section 4. The respondent may file an appeal to the Civil Service Commission within fifteen (15) days
from receipt of the preventive suspension order. Pending appeal, the order shall be executory. A
motion for reconsideration from the order of preventive suspension shall not be allowed. In case such
motion is filed, the same shall be noted without action and attached to the records of the case and
shall not stay the execution of the said order nor shall have the effect of stopping the running of the
reglementary period to appeal.

Section 5. The payment of back wages during the period of suspension shall be governed by the
following:

a. A declaration by the Commission that an order of preventive suspension is void on its face
entitles the respondent to immediate reinstatement and payment of back wages
corresponding to the period of the illegal preventive suspension without awaiting the
outcome of the main case.

The phrase “void on its face” in relation to a preventive order, imports any of the following
circumstances:

i. The order was issued by one who is not authorized by law;

ii. The order was not premised on any of the conditions under Section 29;

iii. The order of preventive suspension was issued without a formal charge or notice
of charge or with defective formal charge/notice of charge; or

iv. While the order is lawful in the sense that it is based on the enumerated grounds, but
the duration of the imposed preventive suspension has exceeded the prescribed
periods, the payment of back wages shall correspond to the excess period only.

b. A declaration of invalidity of a preventive suspension order not based on any of the reasons
enumerated in the immediately preceding Section 5 (a), shall result in the reinstatement of
the respondent. The payment of back wages shall, however, await the final outcome of the
principal case. If the decision rendered in the principal case is for exoneration or when the
penalty imposed is reprimand, the respondent shall paid back wages. Otherwise, no back
wages shall be paid.

The term “exoneration” contemplates a finding of not guilty for the offense/s charged.
Downgrading of the charge to a lesser offense shall not be construed as “exoneration”
within the contemplation of these Rules.

Even if the respondents be eventually found innocent of the charge against them, the same
shall not give rise to payment of back wages corresponding to the periods of preventive
suspension in the absence of any finding of its illegality.

RULE VII
FORMAL INVESTIGATION – CREATION OF THE HEARING COMMITTEE

Section 1. A formal investigation shall be conducted by the appropriate office where the case shall be
formally investigated in accordance with this Rules and within the period as mandated.

Within seven (7) days upon receipt or approval of the formal charge or notice of charge, the appropriate
office shall create a hearing committee.

Section 2. The hearing committee shall be composed of the following members:

a. Provincial Health Officer (PHO) as Chairperson;

b. Member designated by the PHO belonging to ….
 c. Member designated by the PHO belonging to ….
d. Legal Officer from the CHD supervising the concerned office.

Section 3. Notwithstanding the foregoing provision, a special DOH Hearing Committee shall be created
for charges against officers and personnel whose offices are located in areas without a PHO, such as,
but not limited, to the DOH CO, FDA, BOQ, PITAHC, NNC, and PNAC, together with CHDs, DOH
Retained Hospitals, and Treatment and Rehabilitation Centers within Metro Manila and chartered cities

Section 4. The special DOH Hearing Committee comprising of three (3) legal officers from the Central
Legal Service shall conduct the formal hearings in the following cases:

a. For charges filed against officers and employees in the DOH Central Office;
b. For charges filed against officers and employees in all retained/renationalized hospitals/medical
centers, sanitaria, rehabilitation centers, and special hospitals under the supervision of the
Central Office;
c. For charges filed against officers and employees of FDA, BOQ, PITAHC, NNC, and PNAC;
d. For charges filed against Directors, Chiefs of Hospitals, or Medical Center Chiefs in all CHDs
and retained/renationalized hospitals/medical centers, sanitaria, rehabilitation centers, and
special hospitals under the supervision of the CHDs.

Section 5. The special DOH Hearing Committee comprising of three (3) legal officers, chaired by the
legal officer of the concerned CHD, with the two (2) other legal officers designated from the appropriate
division of the PAC, shall conduct the formal hearings in the following cases:

a. For charges against officers and employees in the CHD with positions lower than a Director;
b. For charges against officers and employees in all retained/renationalized hospitals/medical
centers, sanitaria, rehabilitation centers, and special hospitals under the supervision of the CHD
with positions lower than a Chief of Hospital or Medical Center Chief;

Should the legal officer of the concerned CHD act as the prosecutor of the case, then the PAC shall
designate another legal officer from the appropriate division of the PAC.

Section 6. In all formal hearings conducted, the secretariat work shall be performed by the legal
division/section/unit of the Legal Service of the concerned Central Office or CHD.

Section 7. In all cases, the hearing committee shall be created within seven (7) calendar days upon
receipt of the formal charges in the following manner as it is applicable:

a. Through the issuance of an order by the head of concerned offices with PHOs in their areas
creating the committee and identifying its members;

b. Through the issuance of an order by the Director of the Central Office Legal Service creating
the committee and identifying its members; or

c. Through the issuance of an order by the Chairperson of the PAC creating the committee and
identifying its members.

Section 8. The hearing committee shall have the following powers:

a. To conduct administrative hearings on the date and place as mandated under the Rules;
b. To issue orders, reports, and recommendations in connection with an administrative hearing;
c. To swear under oath any witness or resource person testifying before the committee;
d. To issue subpoena duces tecum ad testificandum directed to any personnel of the department;
e. To designate any personnel/unit/section to act as its secretariat or record custodians; and
f. To exercise any other authority or power as granted under the Rules or authorized by the
Secretary of Health.

Section 9. Within five (5) days upon the creation of the hearing committee, the chairperson shall require
the Respondent to file its Answer or Comment.
 RULE VIII
FORMAL INVESTIGATION - ANSWER

Section 1. The answer, which is in writing and under oath, shall be specific and shall contain material
facts and applicable laws, if any, including documentary evidence, sworn statements covering
testimonies of witnesses, if there be any, in support of one’s case.

Section 2. If the respondent fails or refuses to file his/her answer to the formal charge or notice of
charge/s within the required period, he/she shall be considered to have waived his/her right to submit
the same and the case may be decided based on available records.

RULE IX
FORMAL INVESTIGATION PROPER

Section 1. At any stage of the proceedings, the parties may, based on their mutual consent, submit
position paper/memorandum and submit the case for resolution without any need for further hearings.

Section 2. At the commencement of the formal investigation, the hearing committee shall conduct a
pre-hearing conference for the parties to appear, 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 and just resolution of the case.

The agreement entered into during the pre-hearing conference is binding on both parties unless in the
interest of justice, the hearing committee may allow a deviation from the same. The conduct of a pre-
hearing conference is mandatory. The failure of the respondent to attend the pre-hearing conference
constitutes a waiver to participate in the pre-hearing conference but may still participate in the formal
investigation upon appropriate motion.

A pre-hearing conference order shall be issued by the hearing committee within five (5) days from the
termination of the pre-hearing conference. Within three (3) days upon receipt thereof, any party may
request for the amendment of the order should corrections be necessary based on the minutes of the
proceeding.

Section 3. Hearings shall be conducted on the hearing dates set by the hearing committee or as agreed
upon during the pre-hearing conference. Each party may be granted one (1) postponement upon oral
or written request. If respondent fails or refuses to appear or is not represented by counsel during the
scheduled hearings despite due notice, the investigation shall proceed and the respondent shall be
deemed to have waived his/her right to present evidence in his/her favor during the said hearing.

Section 4. At the start of the hearing, the hearing committee shall note the appearances of the parties
and shall proceed with the reception of evidence for the complainant. If after being apprised of the right
to counsel, respondent appears without the aid of a counsel, he/she shall be deemed to have waived
his/her right thereto. Before taking the testimony of a witness, the hearing officer shall place him/ her
under oath and then take his/her name, address, civil status, age, and complete name and address of
employment. A sworn statement of the witness/es properly identified and affirmed shall constitute direct
testimony, copy furnished the other party. Clarificatory questions may also be asked.

Section 5. Any counsel who is a member of the Bar appearing before any hearing or investigation shall
manifest orally or in writing, his/her appearance for either the respondent or complainant, stating his/her
full name, Roll Number, IBP receipt and complete address which should not be a P.O. box address
where he/she can be served with notices and other pleadings. If the lawyer is a government employee,
he/she shall be required to present an authority to practice profession which should come from the
agency head or the agency head’s authorized representative.
Section 6. Unless the hearing committee 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;

Section 7. 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 ten (10) days after the termination of the investigation. Failure to submit the
same within the given period shall be considered a waiver thereof.

Section 8. All objections raised during the hearing shall be resolved by the hearing committee. However,
objections that cannot be ruled upon by the hearing committee 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 committee shall admit all evidence formally offered subject to the
objection/s interposed against its admission.

Section 9. 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 of the case.

Section 10. The hearing committee through its presiding chairperson 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.

Section 11. Records of the proceedings during the formal investigation may be taken in shorthand or
stenotype or any other means of recording.

Section 12. All pleadings filed by the parties before the hearing committee shall be copy furnished the
other party with proof of service. Any pleadings sent by registered mail shall be deemed filed on the
date shown by the postmark on the envelope which shall be attached to the records of the case and in
case of personal delivery, the date stamped thereon by the disciplining office.

Section 13. Effects of the Pendency of an Administrative Case. – Pendency of an administrative case
shall not disqualify respondent from promotion and other personnel actions or from claiming
maternity/paternity benefits. For this purpose, a pending administrative case shall be construed as such
when the disciplining authority has issued a formal charge or a notice of charge/s to the respondent.

Section 14. Within thirty (30) 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 committee
to the appropriate disciplining authority. The complete records of the case shall be attached to the report
of investigation. The complete records shall be systematically and chronologically arranged, paged and
securely bound to prevent loss. A table of contents shall be prepared.

RULE X
DECISION

Section 1. The disciplining authority shall decide the case within thirty (30) days from receipt of the
Formal Investigation Report (FIR).

Section 2. Should the disciplining authority adopts and approves the FIR in toto, the same shall become
the final decision.

Should the disciplining authority either modifies or alters the FIR, the disciplining authority shall issue
another FIR which shall become his/her decision. However, the same shall not become final until the
same shall have been properly referred to the PAC for review. Only when the decision has become final
shall the same be formally issued and released to all parties concerned.

Section 3. In cases where the decision shall be referred to the PAC, the disciplining authority shall
forward all records of the case to the PAC, including, but not limited, to the FIR as submitted by the
hearing committee, the decision as issued by the disciplining authority, and copies of all documents,
evidences, and files relative to the case within five (5) days from the completion of its proposed decision.

The PAC shall have fifteen (15) days to review, sustain, reverse, alter, or modify the decision under
review. Thereafter, the PAC shall either approve the decision of the disciplining authority, adopt the FIR
as recommended by the hearing committee, or issue another decision based on its appreciation of the
facts and laws applicable. Such decision shall be forwarded back to the disciplining authority for proper
release and dissemination of the decision to all parties concerned.

Section 4. A decision rendered by the disciplining authority whereby a penalty of suspension for not
more than thirty (30) days or a fine in an amount not exceeding thirty (30) days’ salary is imposed, shall
be final, executory and not appealable unless the decision shall be required to be forwarded to PAC as
required by this Rules or a motion for reconsideration is seasonably filed. However, the respondent may
file an appeal when the issue raised is violation of due process.

RULE XI
APPEAL

Section 1. An appeal shall be made only after the filing and resolution of a Motion for Reconsideration.

Section 2. A Motion for Reconsideration shall be filed within seven (7) days from receipt of a
judgement/order before the office rendering the judgement or order.

Section 3. An appeal shall be filed within fifteen (15) days from receipt of the resolution of the Motion
for Reconsideration by filing a Notice of Appeal.

RULE XII
MISCELLANEOUS RULES

Section 1. Inhibition. The Legal Officer/Hearing Officer may, upon written notice to the disciplining
authority, inhibit in a particular case, if it involves conflict of interest between the Officer and any of the
concerned parties.

Section 2. Rules of Construction. These Rules shall be liberally construed in order to promote their
objectives of securing a just, speedy, and inexpensive disposition of every action and proceeding.

Section 3. Honoraria. In cases where the agency requests for the services of a hearing
officer/prosecutor for another office/agency of the Department, the requesting agency shall pay an
appropriate honoraria chargeable to the available funds of the requesting agency, subject to the
applicable government auditing and accounting rules.

Section 4. Notwithstanding the foregoing rules and procedures, the Secretary of Health may motu
propio take cognizance and assume disciplinary jurisdiction of an administrative complaint/case against
any official or employee of the Department.

PREPARED BY:

(SGD) ATTY. CARLO FRANCO THOMAS C. LIMJOCO

CHD Northern Mindanao
 (SGD) ATTY. DARRYL JUNE LUIGI TAPE
CHD Davao

(SGD) ATTY. PIUS G. MORADOS (SGD) ATTY. SHEENA MAE B. MONTEJO

CHD Zamboanga CHD Caraga

Legend:

Original Terms

RACCS