1. DOH V. RESPONDETS CAMPOSANO ET. AL.

. AL. ARE FORMER EMPLOYEES WON E0 151 GRANTED THE PCAGG THE JURISDICTION TO INVESTIGATE ADMIN
CAMPOSA OF DOH-NRC PCAGG has COMPLAINTS AGAINST PRESIDENTIAL APPOINTEES ALLGEDLY INVOLVED IN
NO jurisdiction GRAFT AND CORRUPTION
SOME CONCERNED EMPLOYEES FILED A COMPLAINT BEFORE to  Respondent: PCAGG did not have jurisdiction on their case, because they
THE DOH RESIDENT OMBUDSMAN investigate were not presidential appointees
 Complaint AGAINST the Acting Admin. Officer and the
Respondents anomalous COURT NOTES THAT RESPONDENTS WERE NOT INVESTIGATED PURSUANT TO EO
 Alleged anomalous purchase of bottles of ferous transaction 151
sulphate involving  INVESTIGATION WAS UNDER AO 298 >creating the ADHOC COMMITTEE =
 a report was filed> charge of Dihonesty and Grave respondent to look into the administrative charges filed against respondent employees
Misconduct against respondents s.
THE INVESTIGATING COMMITTEE WAS COMPOSED OF ALL THE MEMBERS OF THE
SECRETARY OF HEALTH FILED A FORMAL CHARGE AGAINST Did the Sec. PCAGC
RESPONDENTS of Health  It was tasked to forward to the Disciplining Authority the entire records,
 EXEC. SECRETARY CREATED An ADHOC relinquishe findings and recommendations
COMMITTEE: to investigate the administrative case d its  The Chief Executives power to create the Ad Hoc Investigating Committee
filed against the DOH-NCR employees. authority to cannot be doubted = GRANTED: FULL CONTROL OF EXECUTIVE
 The Presidential Commission Against Graft and DEPARTMENT, to which the respondents belong
investigate
Corruption took over the investigation from DOH  the President has the obligation to ensure that all executive officials and
o Finding: guilty as charged + dismissal employees faithfully comply with the law
 DOH ordered their dismissal  WITH AO 298 AS MANDATE, THE LEGALITY OF THE INVESTIGATION IS
SUSTAINED.
CA: PCAGG’S JURISDICTION = ADMIN COMPLAINTS ONLY TO
PRESIDENTIAL APPOINTEES VALIDITY OF HEALTH SECRETARY’S DECISION
 Commission had no power to investigate the charges  Admin code vests secretaries with the authority to investigate and decide
against respondent matters involving disciplinary actions for employees under its jurisdiction
 Thus, the health secretary had disciplinary authority over
respondents.

DELIGATE POWER TO INVESTIGATE TO PCAGG’

 As a matter of administrative procedure, a department secretary may
utilize other officials to investigate and report the facts from which a
decision may be based.[19] In the present case, the secretary effectively
delegated the power to investigate to the PCAGC.
 Neither the PCAGC under EO 151 nor the Ad Hoc Investigating Committee
created under AO 298 had the power to impose any administrative
sanctions directly.
o authority was limited to conducting investigations and preparing
their findings and recommendations. The power to impose
sanctions belonged to the disciplining authority, who had to
observe due process prior to imposing penalties.
CORRECT: DUE PROCESS WAS NOT OBSERVED
 health secretary has the competence and the authority to decide what
action should be taken against officials and employees who have been
administratively charged and investigated
 However, the actual exercise of the disciplining authority’s prerogative
requires a prior independent consideration of the law and the facts. Failure
to comply with this requirement results in an invalid decision
 IN THE PRESENT CASE, THE HEALTH SECRETARY SIMPLY AND BLINDLY
RELIED ON THE COMMISION’S RESOLUTION A.O. No 308 was issued by
Pres. Ramos