BASIC REQUIREMENTS FOR EACH PREOCEDURE:

1. Filing of COMPLAINT

The Complaint must be:

>in writing
>subscribed and sworn by complainant
>written in a clear, simple and concise language and in a systematic manner in
order to fully apprise the person complained of of the nature and cause of his
accusation and to enable him to prepare properly for his defense.

When Filed:
>Anytime, unless otherwise provided by law

Where to file:
>Commission Proper, CSC Regional Offices, Head of Department, Agencies of
National Government, LGUs, State Universities and Colleges, Local Universities
and Colleges, and GOCCs with original charter

The Complaint must have the following:

>Full name and address of complainant
>Full name and address of the person complained of and his/her position
>Narration of facts
>Certified True Copies of documentary evidence and affidavits of witnesses, if any
>Statement or certificate of non-forum shopping

Note:
If the complaint lacks any of the necessary requirements, it may be a ground for
the dismissal of the complaint.

2. Conduct PRELIMINARY INVESTIGATION:

Within 5 days from the receipt of the complaint sufficient in form and substance,
the Disciplining Authority will conduct a Preliminary Investigation to determine the
existence of a prima facie case.

What is a prima facie case?

A prima facie case is a cause of action or defense that is sufficiently established by a

party's evidence to justify a verdict in his or her favor, provided such evidence is not
rebutted by the other party.

How to conduct the Preliminary Investigation:

 Require the submission of counter-affidavit/comment within 5 days from the
receipt of complaint
 >ex-parte evaluation of records
 >clarificatory meeting with the parties to discuss the merits of the case
Note:
 >Failure to submit of the requested comment/counter-affidavit constitutes a waiver
and the Preliminary Investigation maybe completed without the comment from the
person complained of.
>Right to Counsel may be exercised in the Preliminary Investigation
Duration of Preliminary Investigation:
Shall commence: within 5 days from the receipt of complaint sufficient in form
and substance
Shall be terminated: within 20 days thereafter
3. Issuance of FORMAL CHARGE or NOTICE OF CHARGE

Within 5 days from the termination the preliminary investigation, the investigating
officer shall submit an Investigation Report with recommendation and complete
record of the case to the Disciplining Authority.

The Disciplining Authority shall evaluate, based on the records presented, the
existence of a prima facie case to warrant the issuance of a Formal Charge.

If the Disciplining Authority finds no prima facie case, the Disciplining Authority
can dismiss the case. However, if after a finding of a prima facie case, the
Disciplining Authority shall formally charge the person complained of. He will be
formally called the “Respondent”.

The Formal Charge contains the following:

 Specification of charge
 Statement of facts, together with the Certified True Copies of documentary
evidence and sworn statements of witnesses
 Directives to answer the charge in writing within 3 to 10 days from receipt
thereof
 Notice that the respondent may opt to be assisted by a counsel
 Notice that the respondent may elect to have a formal investigation
Note:
If the Formal Charge is incomplete, the respondent may request the lacking
documents within 10 days from the receipt thereof (The period prescribed to file
an answer will not run until the Formal Charge has been completed)
4. Filing of ANSWER

Prescribe Period: not less that 3 days and not more than 10 days from the
receipt of the Formal Charge

The Answer must be:

>in writing
>under oath
>specific
>narrates the material facts and laws applicable
 >original or certified true copies of documentary evidence
>sworn statement of witnesses

After submission of the answer, the Disciplining Authority will now determine if the
answer is satisfactory to dismiss the case or not. If it is not satisfactory, the
Disciplining Authority shall proceed with the Formal Investigation.

Note:
Failure to submit or refusal to submit within the prescribe period of the answer
constitutes a waiver of his right, thus, the Disciplining Authority will determine the
need for a Formal Investigation based on the available records.

5. Conduct FORMAL INVESTIGATION

When Held:
1. Where the merits cannot be decided judicially
2. Respondent elects to have one
Duration:
Not earlier than 5 days and not later than 10 days from the receipt of answer or
upon expiration of the period to answer
The whole formal investigation shall be finished within 30 days from the receipt of
Notice of Charge
Process of Hearing:
1. Note the appearance of the parties and their counsel
2. Present Witness. Before taking the testimony, the witness must be placed
under oath.
3. Present Evidence
4. Submit Memorandum within 5 days after the termination of the investigation to
the Head of Office and to he Disciplining Authority

6. Render a DECISION

Within 30 days from the receipt of Formal Investigation Report, the Disciplining
Authority should render a decision.

If the decision is to reprimand, suspend (not more than 30 days) or fine (not
exceeding 30 days salary), the decision is final and executory and not appealable,
unless a motion for reconsideration is filed. However, if the issue is a violation of
the due process, the party can file an appeal or petition for review.
If the decision is suspension (more than 30 days) or fine (exceeding 30 days
salary), the decision will only be final and executory after the lapse of the
reglementary period for filing a MR or appeal.