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DEPED-ARMM INVESTIGATION COMMITTEE
JIANISAH E. MALA, et.al., Complainants, Administrative Case No. 01-10
- Versus -
FOR: DISHONESTY, VIOLATION OF R.A. 3019 etc.,
MONA A. MACATANONG and DRA. NORANIA PANIOROTAN, Respondents. X------------------------/ ASMINAH S. TARATINGAN, et. Al. Complainants, Administrative Case No. 02-10
- Versus -
FOR: DISHONESTY, VIOLATION OF R.A. 3019 , etc.
MONA A. MACATANONG, Respondent. X-------------------------x
Pending for resolution by this Investigation Committee is an Urgent Manifestation with Motion to Dismiss the Complaints for Lack of Jurisdiction Based on the Illegality of Constitution and Bias on the part of the investigating committee filed by the respondents through their counsel Atty. Edgar A. Masorong in compliance with the agreement made on January 3, 2011 that the respondents will file pleading within fifteen (15) days. The said manifestation with motion to dismiss etc. was received on February 2, 2011 by the Committee two (2) days after the hearing on January 31, 2011.
including their personnel. the law cited by the respondents is not applicable to ARMM. 9054. 6734 as amended by Republic Act No. properties. 9054. Xxxxxx Based on the above quoted provision of R. On the disciplinary authority over officials and employees. and (2) whether the Committee is not free from suspicions of bias and partiality. On the first issue. the line agencies and offices of the central government or national government dealing with local government. 9054. In the exercise of that authority. hence. Republic Act No. line agencies and other offices of the Central Government or national government dealing with local government.2 Disciplinary Authority over officials and employees. Culture and Sports (DECS) the control and supervision over its offices in the region and for other purposes. 1991 by then President Corazon Aquino formally devolving Department of Education.In sum. as mandated by this Organic Act. and tourism. equipment. Section 2 of R. 4670 otherwise known as The Magna Carta for Public School Teachers.A.. Upon the election of the officials of the Regional Government. Pursuant to the provision of R. natural resources. science and technology. however. the respondents should be reminded that Autonomous Region in Muslim Mindanao is governed by its organic Act. and budgets. the respondents were questioning the legality of the constitution of the Investigation on the ground that the committee should have been constituted in accordance with R. equipment. 459 was issued on May 17.The Regional government shall have primary disciplinary authority over officials and employees of the Regional Government. Executive Order No. 9054. 9054 provides among others: Sec.A. provides: Sec. This Committee is not questioning the existence of said Act. shall be immediately placed under the control and supervision of the Regional Government. the . social services. With the devolution of DECS to the Autonomous Region in Muslim Mindanao. DECS is no longer within the control and supervision of the DECS National (now DepEd).A. the pivotal issues are (1) whether the constitution of the Investigating Committee was illegal for not being in accordance with law. specifically citing Section 9 of said act. labor. properties and budgets were place under the control and supervision of the Regional government (ARMM).A. Section 4 of Article XVIII of R. social services and others including their personnel. 4 Agencies and Offices Transferred to the Autonomous Region.A.
25. Subject to exceptions provided for in this organic Act. A complaint may be filed directly with the regional or local chief executive by a private citizen against a government official or employee who may hear and decide the case. Administrative Investigation and Procedure. further provides: Section 20. and offices. . boards. Power of Regional Governor over Commissions. Further. Agencies. to wit: Art. an investigation may be entrusted to a person or a committee duly authorized by the Regional or Local Chief Executive (b) Said person or committee shall conduct hearings on the case brought before it against appointive official or employee in accordance with Section 48. any official or employee in the local government unit shall file an administrative case before the CSC pursuant to Section 47. Bureaus. administrative investigation may be conducted by a person or a committee duly authorized by the regional or local chief executive. 9054. Administrative Investigation. 25 otherwise known as An Act Providing for a Local Government Code of the Autonomous Region in Muslim Mindanao where it was stated under Section 82 thereof that: Sec. 108 of the Rules and Regulations Implementing MMA No. Said person or committee shall conduct hearings on the cases brought against appointive officials or employees and submit their findings and recommendations to the regional or local chief executive concerned within fifteen (15) days from the conclusion of the hearings.(a) Without prejudice to the rights of every private citizen. The administrative cases herein mentioned shall be decided within ninety (90) days from the time the respondent is formally notified of the charges. . 108. 292.Regional Government shall apply the Civil Service Law. rules and regulations of the central government or national government until the Regional Assembly shall have enacted a Regional Civil Service Law.A. the Regional Governor shall have control of all the regional executive commissions. agencies. Book V of the Administrative Code. and offices. Boards. However. bureaus. R. He shall ensure that laws are faithfully executed.. The Regional Legislative Assembly in the exercise of its powers under the Organic Law enacted Muslim Mindanao Act (MMA) No.In any regional or local government unit. title 1. Title I Book V of Executive Order No. 82. the procedures are laid down under Art.
including appropriate recommendation. for respondents to contend that R. In Philippine Commercial International Bank v. Dy Hong Pi. If allegations or perceptions of bias from the tenor and language of a judge is considered by the Supreme Court as insufficient to show prejudgment. bad faith. or corrupt purpose. malice. The result of the investigation. shall be submitted to the Regional or Local Chief Executive concerned within fifteen days from the conclusion of the hearing. It is erroneous. Understandably. 25 were quite explicit in conferring authority on the regional government to have primary disciplinary authority over its officials and employees and to conduct administrative investigation by a person or a committee duly authorized by the regional or local chief executive. in addition to palpable error which may be inferred from the decision or order itself. Extrinsic evidence must further be presented to establish bias.© Said person or committee shall submit his/its findings and recommendations to the Regional or Local Chief Executive concerned within fifteen days from the conclusion of the hearings. On the second issue. how much more insufficient it becomes if there is absent any allegation of bias or partiality to begin with. especially when the charge is without basis. it was held that the mere imputation of bias or partiality is not enough ground for inhibition. (d) An Administrative Case shall be decided within ninety (90) days from the time the respondent is formally notified of the charges. the Committee would like to remind the respondents that what can reasonably be gleaned from jurisprudence is the necessity of proving bias and partiality. In the instant Motion. there is not even a single act or conduct attributed to the members from where a suspicion of bias or partiality can be derived or appreciated. respondents simply cannot make such allegation all because there is none to be told. This Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the latter can be branded the stigma of being biased or partial . therefore.A. No. R.A 9054 and MMA No. The proof required needs to point to some act or conduct on the part of the members of the investigating committee. 4670 confers an exclusive disciplinary authority on the DepEd over public school teachers and prescribes an exclusive procedure in administrative investigations involving them.
February 10. and without fear or favor. 2011.The bare allegations of the member s partiality will not suffice in the absence of clear and convincing evidence to overcome the presumption that they will undertake their noble role of dispensing justice in accordance with law and evidence. MORAKIB MAROHOMSALIC Member ABDULLAH CUSAIN Member . Cotabato City. WHEREFORE. premises considered. It is in this light that the remaining members of the Committee have decided to deny the motion to dismiss. Philippines. the motion to dismiss and the prayer to discontinue the proceedings and declare a mistrial are hereby denied.
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