Rules and Procedures in Filing Complaints And Cases in DOLE

Facts Procedures Timeline

Who May Initiate a Complaint? Start

The ACC, within five (5) days from
Any person can file a complaint receipt, shall evaluate whether
provided however that the complaint is Complainant the complaint is sufficient in form
in writing, subscribed and sworn to by and substance.
the complainant otherwise the same
shall not be given due course The ACC shall issue a Notice to
Administrative Comment within three (3) days,
Complaints Committee requiring the person complained
Requisites of a Valid Complaint
(ACC) of to submit a notarized or sworn
a) full name and address of the complainant;
Is the complaint
comment/counter-affidavit on
b) full name and address of the person/s sufficient in form the acts or omissions complained
complained of as well as the latter’s position and substance?
and office/s; No? of.
c) a narration of the relevant and material facts
which shows the acts or omissions allegedly
committed;
d) certified true copies of documentary evidence
Yes?
and affidavits of witnesses, if any; and
e) Certification or statement of non-forum
ACC shall recommend
shopping. dismissal of the
complaint
Note: 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 ACC Conduct of The ACC shall commence the
person complained of may be required to Preliminary Investigation preliminary investigation not
comment later than eight (8) days from its
receipt of the complaint, and
When and where to File a Complaint. - shall be terminated within thirty
A complaint may be filed anytime during (30) days from receipt of the
office hours with the Office of the comment/counter-affidavit.
Secretary, or any of the Regional Offices
or Attached Agencies having jurisdiction Preliminary Investigation Within ten (10) days from the
over the official or employee Report termination of the preliminary
complained of. investigation, the ACC shall
submit to the disciplining
Note: authority the Preliminary
Is there a
prima facie Investigation Report with
 If jurisdiction to investigate properly belongs case exist? No? recommendation together with
to another office or duly constituted the complete records of the case.
committee within DOLE, the ACC shall
immediately refer the complaint to the Yes?
appropriate office or committee. The Formal Charge shall contain a
 If the complaint is against a presidential specification of the charge (s), a
appointee, the ACC shall recommend to the The ACC shall issue brief statement of material or
disciplining authority the referral or order of Dismissal relevant facts, a directive to
endorsement of the same to the Office of the
President. of the Case answer the charge (s) in writing
 If the complaint alleges acts that are purely under oath not later than seven
personal on the part of the complainant and (7) days from receipt thereof, an
the person complained of, and there is no
advice for the respondent to
apparent injury to the government, the same
may be subject to settlement pursuant to the indicate in his/her answer
guidelines provided under Section 70 of this Issuance of Formal whether or not he/she elects a
Rules. formal investigation of the charge
Charge
(s), and a notice that he/she is
 In case of anonymous complaints, the ACC
shall evaluate the allegations based on entitled to be assisted by a
pertinent official records and documents. If counsel of his/her choice.
the allegations are not based on facts, the
anonymous complaint shall not be given due
course and the ACC shall recommend to the
disciplining authority the closure or archiving End
of the complaint.

 If the complaint cites acts or omissions that

constitute purely a criminal offense under
penal laws and rules, the ACC shall
recommend to the disciplining authority the
immediate referral of the same to the OFFICE
of the ombudsman. However, if the complaint
cites both administrative and criminal
infractions, the administrative investigation
shall proceed and shall be completed first
before referring to the Office of the For your comments, suggestions and complaints
Ombudsman the criminal counterpart as Please call our Public Assistance and Complaints Unit
established during the investigation. (PACU) at tel. No. (043)288-2078/2080
Or e-mail your concerns thru doleregion4b@yahoo.com