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Republic of the Philippines

Department a f Environme~ltand Natural Resources

Visayas Avenue. L)il~nlarr, Quezotr C ~ t y

Tel Nos. 929-6626to 29; 929-6633to 35

926-7041 to 43; 9296252: 929-1669

Website: http;//www.denr.gov.ph/ E-mail; web@denrgov.ph

MEMORANDUM CIRCULAR
NO. 2010- 18

SUBJECT: GUIDELINES IN THE RESOLUTION AND DISPOSITION

O F ADMINISTRATIVE DISCIPLINARY CASES

In the interest of the service and pursuant to the DENR's Integrity


Development Action Plan (IDAP) a s well a s its Code of Conduct and Ethical
Standards, the following guidelines in the resolution and disposition of
administrative cases must be observed by all lawyers, administrative officers
and designated officials and employees:

I. JURISDICTION O F DISCIPLINING AUTHORITY

1.1. Employees below SG 24

All complaints involving employees with salary grade below 21


except lawyers designated a s OIC-Division Chiefs, shall be handled
and resolved a t the Regional Office/Bureau (Central or Regional)
where the complaint is filed. Aggrieved parties may however file
their appeal to the Office of the Secretary not more t11:in fifteen (15)
days from receipt of the Order/Decision.

1.2. Lawyers and Non-presiden tial Appointees

All complaints involving DENR lawyers designated a s OIC-Division


Chiefs, officials with salary grade 24 or higlicr who are not
presidential appointees shall be handled and resolvct l at the Office
of the Secretary (OSEC).

1.3. Presidential Appointees

All complaints involving presidential appointecs 111:1\, I)c consi(lrrec1


for fact-finding investigation in the DENR, s~~I).jc:ctt o tllc
disciplinary authority of the President. b

1.4. Environmental Ombudsman

Notwithstanding the foregoing, the Office of thc :c:cretary may


decide to refer any complaint to the OCSice of [I:(. Ombudsmati
'
(OMB) through the Environmental Ombudsman.

Let's Go Green
1.5 Officials and Employees of Attached Agencies

Attached Agencies shall have sole jurisdiction over their officials


and employees, subject to the disciplinary authority of the OMD
and the President.

11. DISPOSITION OF CASES ORIGINALLY FILED WITH THE DENR

All administrative complaints filed a t the DENR whether a t the Central or


Regional Offices, unless referred to the OMB upon instructions of the OSEC,
shall be referred to the Legal Service and shall be acted upon and disposed in
the following manner:

2.1. DISPOSITION OF CASES WITHOUT ANY INVESTIGATION

The following are administrative disciplinary cases which do not require any
investigation:

2.1.1. Anonymous complainant/ s

Complaints by "concerned" citizens or DENR employees shall


be dismissed outright through the issuance of a standard
'
Order to be signed by the Secretary/RED/Bureau Head/RI)
or his/ her authorized representative

2.1.2. Anonymous respondent/ s

Complaints against "certain" officials/employees shall he


dismissed outright through the issuance of a standard Order
to be signed by the Secretary/ RED/ Bureau Head/ R D or
his/her duly authorized representative

2.1.3. Unverified complaint

Complaints without signature, or with signature but not


under oath shall be RETURNED to the complainant r o ~ .
his/her signature and/or oath.

However, if no address is indicated in the complaint, tli(*


same shall be dismissed outright through the issuance of a
standard Order to be signed by the Secretary/RED/Bureal~
Head/ RD or his/ her authorized representative.

2.1.4. Complaint without the relevant and material facts

Complaint without a "narration" of the relevant and material


facts which showing the act/omission being complained of
shall be dismissed outright for lack of merit through thc
issuance of a standard Order to be signed by the Secretary
/RED/ Burea~: Head/RD or his/ her *duly authorizccl
representative.
5.5.2 Sexual harassment cases- complaint with the
Department's committee on decorum and investigation
(CODI) on sexual harassment cases pursuant to CSC
MC 200 1- 17 on administrative disciplinary rules on
sexual harassment cases;

5.5.3 Union-related issues/concerns- complaint with CSC's


public sector labor management council (PSLMC)
pursuant to EO 180, or union's Board/Officers, as the
case may be;

5.5.4 Complaint relative to performance evaluation system


(PES) - complaint with the Department's performance
evaluation review committee (PERC) through the
Personnel Division/ Section; and

5.5.5 Protest on appointments, which must be filed with the


Department/ Agency Head.

"..".ll. w.n. CLIIIC.,"..


D m L A I I T m N T OC m N W ( - m N T
A N 8 N A T U U LNrnwmemrn

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