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Administrative Order No. 195
ADMINISTRATIVE ORDER NO. 195 PRESCRIBING RULES AND PROCEDURES ON INVESTIGATION OF ADMINISTRATIVE CASES/COMPLAINTS AGAINST ELECTIVE CITY AND MUNICIPAL OFFICIALS IN METROPOLITAN MANILA
Section 1. Coverage . – These rules shall apply to all administrative complaints against elective city and municipal officials, namely mayors, vice-mayors and members of the sangguniang panlungsod and sangguniang bayan, in Metropolitan Manila. Cases against barangay captains and members of the sangguniang barangay shall be filed before the respective sanggunian of the city or municipality/where the barangay is located.
Sec. 2. Disciplining Authority . – All administrative complaints against elective city and municipal officials in Metro Manila as herein provided, shall be acted upon by the President. The President, who may act through the Executive Secretary, shall hereinafter be referred to as the Disciplining Authority.
Sec. 3. Investigating Authority . – The Executive Secretary shall designate a Standing Investigating Group (SIG) composed of lawyers from the Presidential Management Staff and other common Staff Support Offices in the Office of the President (Proper). An administrative complaint may be investigated either by the SIG or any member or members thereof at the discretion of the Executive Secretary. The SIG or any member or members thereof assigned for the purpose shall be referred to as the Investigating Authority. Rule 2 GROUNDS FOR DISCIPLINARY ACTION
Sec. 4. Evaluation and Preliminary Conference . – Upon receipt of the complaint, the same shall be evaluated by the Investigating Authority which shall determine, and if warranted, recommend to the Disciplining Authority the dismissal thereof motu proprio. If the complaint is not dismissed, as herein provided, the respondent shall be furnished with a copy of the complaint and the affidavits and other evidences submitted by the complainant, and shall be required to file his counter-affidavit and other evidences in support of his defense, within seven (7) days from receipt, copy furnished the complainant. If, on the basis of the affidavits and other evidence submitted by the parties, the Investigating Authority finds no sufficient cause to warrant further proceedings, it/he may recommend to the Disciplining Authority the dismissal of the complaint. Otherwise, it/he shall summon the parties to a preliminary conference to consider the following matters: Whether the parties desire a formal investigation or are willing to submit the case for resolution on the basis of the evidence on record; Should the parties desire a formal investigation, to consider the simplication of issues, the possibility of obtaining stipulation or admission of facts and of documents to avoid unnecessary proof, the limitation of number of witnesses, and such other matters as may aid the prompt disposition of the case. After the preliminary conference, the Investigating Authority shall issue an order reciting the matters taken up therein, including the facts stipulated and the evidence/s marked, if any. Such order shall limit the issues for hearing to those not disposed of by agreement or admission of the parties.
Sec. 5. Effect of withdrawal . – The withdrawal of the complaint by the complainant does not preclude the Investigating Authority, upon clearance from the Disciplining Authority, from proceeding with the investigation, if in its/his opinion such investigation is warranted. Rule 4 PREVENTIVE SUSPENSION
Sec. 6. Stenographic record of proceedings . – The testimony of each witness and the manifestation of the parties and counsels during an investigation shall be taken in shorthand or stenotype. A transcript of the proceedings made by the official stenographer or steno-typist and duly certified by him shall be prima facie a correct statement of such proceedings.
Sec. 7. Order of hearing . – Unless for special reasons the Investigating Authority directs otherwise, the order of a hearing shall be as follows: (a) The complainant shall produce the evidence on his part; (b) The respondent shall then offer evidence in support of his defense; (c) The parties may then respectively offer rebutting evidence only, unless the Investigating Authority, for good reasons and in the furtherance of justice, permits them to offer evidence upon their original case;
Sec. 8. Order of Examination . – The order in which a witness may be examined is as follows: (a) Direct examination by the proponent; (b) Cross examination by the opponent; (c) Re-direct examination by the proponent; (d) Re-cross examination by the opponent.
Sec. 9. Termination of Investigation . – The investigation shall as much as possible be terminated within ninety (90) days reckoned from the date of the first hearing.
Sec. 10. Memorandum . – The Investigating Authority may allow the parties to submit their respective memoranda within fifteen (15) days after the termination of the formal investigation. Rule 7 EVIDENCE