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(NAR) VOL. 13 NOS. 1-2 / JANUARY-MARCH 2002

[ PAGC NEW RULES OF PROCEDURE, MARCH 13, 2002, March 13, 2002 ]



General Provisions

SECTION 1. Title of the Rules. — These Rules shall be known and cited as the New Rules of Procedure of the Presidential Anti-Graft Commission (PAGC).

SECTION 2. Basis and Construction. — These Rules promulgated pursuant to Section 17 of Executive Order No. 12, dated April 16, 2001, shall be liberally construed in order to carry out its objective of promoting accountability of public officers under Section 1 of Article XI of the Constitution.

The Commission shall use every and all reasonable means to ascertain the facts in each case or complaint speedily and objectively and without regard to technicalities of law or procedure, in all instances observing due process.

SECTION 3. Jurisdiction. — The Commission shall have the authority to investigate or hear administrative cases or complaints filed against personnel in the Executive Department of the government, namely:

(a) Presidential appointees occupying the positions of assistant regional director, or an equivalent rank, and higher, otherwise classified as Salary Grade "26" and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758).

(b) Also, Presidential appointees who are members of the governing board of any instrumentality, regulatory agency, chartered institution and directors or officers appointed or nominated by the President to government-owned or controlled corporation or corporations where the government has a minority interest or who otherwise represent the interests of the government.

Likewise, the Commission shall have jurisdiction to investigate a non-presidential appointee who may have acted in conspiracy or may have been involved with a presidential appointee or ranking officer mentioned in this section.

The Commission shall have no jurisdiction over members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

SECTION 4. Governing Rules. — Proceedings on verified complaints and on written charges filed with the Commission or those referred by disciplining authorities whose investigation is taken over by the Commission pursuant to its charter, shall be governed by the Rules on Administrative Investigations under Part I hereof.

Proceedings on anonymous and unsworn complaints, motu propio investigations and other reports shall be governed by the Rules on Fact-Finding Inquiries under Part II hereof.

SECTION 5. Investigations: Commission En Banc and Panel of Hearing Officers. — The investigation or hearing involving presidential appointees occupying the position of Undersecretary or higher shall be conducted by the Commission sitting en banc. The investigation or hearing involving presidential appointees occupying lower positions may be entrusted to a Commissioner or to a panel of hearing officers duly designated by the Chairman; Provided, however, that the reports or recommendations of the Commissioner or panel of hearing officers who investigated or heard the administrative case or complaint shall be deliberated upon and reviewed by the Commission en banc before submitting its report and recommendation to the President.


Rules on Administrative Investigations


Initiation and Evaluation of Administrative Complaints and Charges

SECTION 1. Administrative Charge; How Initiated. — An administrative charge within the jurisdiction of the Commission may be initiated and prosecuted by:

(a) written complaint under oath accompanied by affidavits of witnesses and other evidences in support of the charge(s), or

(b) upon written charge by the disciplining authority.

Except in the case of anonymous complaint, no complaint shall be given due course unless the same is under oath.

In case where a complaint is filed not under oath, the Commission shall direct the complainant to comply with the formal requirements.

SECTION 2. Preliminary Evaluation. — The complaint or charge shall be assigned by the Chairman to a Commissioner and it shall be immediately referred by the Executive Director to the Director of the Investigation Office, for preliminary evaluation and recommendation to the assigned Commissioner.

The docket number of complaints or charges referred to the Investigation Office, shall, thereafter, bear and be identified as an administrative proceeding by the prefix "PAGC ADM".

SECTION 3. Recommendation for Dismissal of the Complaint Where Prima Facie Case or Jurisdiction is not Established. — If the subject matter of the case or the person of the respondent to be investigated is not within the jurisdiction of the Commission, the Commissioner, assigned shall submit, for adoption by the Commission, an Order dismissing the case for lack of jurisdiction, Thereafter, the Commissioner shall advise the President in writing of such dismissal.

And if, in his opinion, no prima facie case has been established, the Commissioner assigned shall likewise submit for adoption by the Commission on a Memorandum recommending the dismissal of the case. Such recommendation shall be submitted to the Office of the President for approval.

SECTION 4. Recommendation for Preventive Suspension. — In proper cases, during the pendency of its investigation on the administrative case against the respondent, the Commission may recommend to the President his preventive suspension for such periods as may be allowed by law.

Where the administrative investigation against the respondent under preventive suspension is not completed within the period of suspension and the delay in the disposition of the case is due to the fault, negligence or request of the respondent, the Commission may recommend to the President the extension of the suspension for a period equivalent to the delay.


Formal Complaint

SECTION 1. How Respondent Charged. — Where a prima facie case is determined to have been established, the respondent shall be required, through an ORDER, to file his or her counter-affidavit/verified answer (not a Motion to Dismiss or Motion for Bill of Particulars) to the charges against him or her, furnishing him or her with copies of the complaint, the sworn statements and other documents submitted by the complainant.

Respondent is given an inextendible period of ten (10) days from receipt of the Order to file his Counter-Affidavit/verified Answer (not a Motion to Dismiss or Motion for Bill of Particulars), together with affidavits of his or her witnesses and other documents in his or her defense and proof of service on the complainant or his/her counsel.

Any motion to dismiss or for a bill of particulars that may be filed shall be expunged from the records, and the filing thereof shall not suspend the proceedings nor the period for the filing of the respondent’s Counter Affidavit/verified Answer.

The filing or submission of reply-affidavits and/or rejoinders shall not be required or allowed except where new issues of fact or questions of law which are material and substantial in nature are raised or invoked in the counter-affidavit or subsequent pleadings and there exists a need for said issues or questions to be controverted or rebutted, clarified or explained to enable the Commission to arrive at a fair and judicious resolution of the case.

If allowed or required by the Commission, the period for the submission of reply affidavits or rejoinders shall not exceed five (5) days.

SECTION 2. Failure to File Response. — The respondent's failure to file his Counter-Affidavit/verified Answer within the ten (10) day period given him or her shall be considered a waiver of his or her right to file the same and to present evidence in his or her behalf, and the Commissioner assigned shall recommend the appropriate action to the Commission, on the basis of the complaint and documents on record.

SECTION 3. Action After Respondent's Response. — If, upon evaluation of the documents submitted by both parties, it should appear either that the charge or charges have been satisfactorily traversed by the respondent in his Counter-Affidavit/verified Answer, or that the Counter-Affidavit/verified Answer does not tender a genuine issue, the Commissioner assigned shall forthwith, or after a clarificatory hearing to ascertain the authenticity and/or significance of the relevant documents, submit for adoption by the Commission the appropriate recommendation to the President.

The Commissioner assigned may, at his sole discretion, set a hearing to propound clarificatory questions to the parties or their witnesses if he or she believes that there are matters which need to be inquired into personally by him or her. In said hearing, the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine. If they so desire, they may submit written questions to the Commissioner assigned who may propound such questions to the parties or witnesses concerned. Thereafter, the parties be required, to file with the Commission, within an inextendible period of five (5) days, and serve on the adverse party his verified Position Paper.

SECTION 4. Summary Resolution After Preliminary Conference. — Should it be determined prior to the first hearing date, that the issues can be resolved without need for setting the case for clarificatory questioning, the Commissioner assigned shall forthwith, submit, for adoption by this Commission, the appropriate recommendation to the President.

SECTION 5. Calendar and Postponements. — (a) Postponements shall not be allowed except in meritorious cases substantiated under oath and in no instance shall each party be granted more than one postponement of five (5) days nor shall a postponement cancel more than one (1) scheduled hearing.

SECTION 6. Request for Subpoena. — All requests for the issuance of subpoenas for witnesses previously named shall be made three (3) days before the scheduled hearing. Requests for the issuance of subpoenas for other witnesses shall be made at least five (5) days before the date of hearing at which they are supposed to appear.


Suppletory Rules

SECTION 1. Suppletory Application of the Rules of Court. — In administrative proceedings before the Commission, these Rules of Procedure promulgated by the Commission shall be primarily applied.

The Commission shall not be bound by the strict technical rules of procedure and evidence contained in the Rules of Court but may adopt, in the absence of any applicable rule herein, such modes of proceedings consistent with the requirements of fair play and due process and conducive to the just, speedy and inexpensive disposition of cases.

Where no alternative mode of procedure is so adopted, the Rules of Court may be applied in a suppletory character in instances not covered by these rules unless inconsistent with the spirit and purpose thereof.


Rules On Fact-Finding Inquiries


Evaluation of Anonymous and Unsworn Complaints and Other Reports and Motu Propio Investigation

SECTION 1. Evaluation of Complaints, etc. — Anonymous and unsworn complaints, and similar reports or request for motu-propio investigation shall, after notation by the Chairman of the Commission, be referred by the Executive Director to the head of the Fact-Finding Office for a preliminary evaluation of the verifiability, significance and magnitude of the transactions and amounts involved.

The docket number of complaints or charges referred to the Fact-Finding Office shall, thereafter, bear and be identified as a fact-finding inquiry by the prefix "PAGC FFI"

SECTION 2. Anonymous Complaint Against Presidential Appointee. — An anonymous complaint against a presidential appointee in the Executive Department shall not be given due course unless there appears on its face or the supporting documents attached to the anonymous complaint a probable cause to engender a belief that the allegations may be true.


Formal Fact-Finding Inquiry

SECTION 1. When Formal Inquiry Initiated. — (a) If, upon review of the Evaluation Report, the Commissioner assigned believes that the events or transactions reported are verifiable and further inquiry into the complaint or report may uncover graft or corruption or may disclose serious deficiencies in the recording, implementation, monitoring and/or control procedures in the government unit or government-owned or controlled corporation involved, for which the Commission may recommend to the President measures to eradicate the opportunities and climate favorable to the commission of graft and corruption in the unit or corporation, he or she shall submit, for the approval of the Commission, an Order so stating and directing the docketing of the complaint or report for Formal Inquiry by the Commission. Otherwise, she shall submit for the approval by the Commission, an Order terminating further proceedings on the complaint or report.

(b) In the Formal Inquiry, the Commissioner assigned, assisted by the Chief of the Fact-Finding Office, shall receive, on invitation or on subpoena, such documents and testimonies of witnesses as may be relevant and material to the inquiry, and shall call and secure the assistance of any government unit as may be necessary. A public officer identified in an anonymous or unverified complaint or report as a participant in a questioned transaction, whose testimony may be material to the fact-finding inquiry, may be invited, if he so wishes, to give his comments, which need not be verified.

SECTION 2. Courses of Action Where Administrative Offense Uncovered. — (a) If in the course of the Fact-Finding Inquiry, evidence is uncovered tending to prove the commission of an administrative offense by a public officer or employee, the Commission shall proceed, alternatively, as follows:

(1) If the case is not within its jurisdiction, the Commissioner assigned shall submit, for adoption by the Commission, a Memorandum advising the President of the motu propio dismissal thereof and the transmittal of the documents and other evidence to the proper disciplining authority with its preliminary findings and recommendations;

(2) If the case is within its jurisdiction, the Commission shall refer the documents to the Director of the Investigation Office for further evaluation, who shall, if he finds the existence of a prima facie case, file a charge or a sworn complaint in the name of the Investigation Office as nominal complainant. The charge or complaint shall be entered in the records of the Receiving Section under a new docket number which shall bear and be identified as an administrative case by the prefix "PAGC ADM".

(b) If a complaint or charge against the public officer or employee is filed with the Commission pursuant to the provisions of the immediately preceding subsection (a)(2) the case shall thereafter proceed and be governed by the Rules on Administrative Investigation and henceforth all evidence relating to the commission of the offense shall be included from the Fact-Finding Inquiry and presented in the administrative proceedings.


Common Provisions


Assignment, Consolidation of Cases and Designation of Hearing Officers

SECTION 1. Assignment of Investigation/Fact-Finding Inquiry. — (a) The investigation/fact-finding inquiry of complaints, charges, request for motu proprio investigation or reports bearing odd docket numbers shall be assigned to the senior Commissioner and those bearing even docket numbers to the other. However, in the interest of distributing work load and for other justifiable reasons, the Chairman may assign to himself or herself and assume, jurisdiction over any case, or assign the same to either of the two (2) Commissioners, or order the same to be heard by the Commission en banc, or assign same to a panel of hearing officers.

The Chairman, or the Commissioner assigned, or the head of the panel of hearing officers, shall issue all interlocutory orders that may be required in the course of an administrative investigation.

SECTION 2. Designation of Panel of Hearing Officers; Powers. — The Chairman, in the interest of the expeditious completion of any investigation or inquiry may constitute panels of hearing officers from among the Commission's lawyers to conduct hearings on cases as well as to submit the corresponding reports and recommendations thereon, at the instance of the Commissioners concerned. Each panel of hearing officers, through its head designated by the Chairman, shall have the power to administer oaths and affirmations, received testimonies and documents submitted in the course of the hearing, mark exhibits, grant continuances, rule on motions, objections and other questions of procedure, and to issue all interlocutory orders which may be issued under the Rules by the Commissioner assigned, and to recommend to the latter in proper cases the presentation, for adoption by the Commission, of appropriate recommendations and reports to the President.

In addition, the panel of hearing officers, through its designated head, shall have the authority to issue subpoenas and to rule on the admissibility of evidence.

SECTION 3. Consolidation of Cases. — where there are two or more investigations/inquiries pending before different Commissioners or panels of hearing officers, involving the same parties, or the same or related issues, the latter ones shall, whenever practicable be consolidated with the first to avoid unnecessary inconvenience and delay and, after such consolidation, shall be disposed of by the Commissioner or head of the panel of hearing officers to whom the first investigation/inquiry was assigned.

In case of any objection to the consolidation, the same shall be resolved by the Chairman of the Commission.

SECTION 4. Scope of and Period for Preliminary Evaluation. — (a) The preliminary evaluation of a complaint, charge or report shall include the examination of the records and documents submitted as well as of other relevant documents including those available in government offices and the validation and verification thereof by oath or certification.

On application by the Director of the Investigation Office or the head of the Fact-Finding Office, the Chairman or the Commissioner assigned may issue subpoena duces tecum for the production of documents or materials needed in the course of the preliminary evaluation.

(b) The preliminary evaluation shall be completed, and the Evaluation Report submitted to the Commissioner assigned, within five (5) days from receipt of the records by the Director of the Fact-Finding Office unless an extension is granted by the Chairman.

SECTION 5. Ascertaining Facts in Each Case. — The Commission shall use every and all reasonable means to ascertain the facts in each case or complaint speedily and objectively and without regard to technicalities of law or procedure, in all instances observing due process.

SECTION 6. Powers Incidental to Investigation. — The Commission shall have the power to administer oaths and issue subpoenas ad testificandum and duces tecum. The Commission shall likewise have the power to call upon and secure the assistance of any office, committee, commission, bureau, agency, department or instrumentality in the Executive Branch, including government-owned or controlled corporations.

SECTION 7. Enforcement of Subpoena. — Upon failure to comply with a subpoena issued by the Commission or by its authority without adequate cause, the Commission en banc, on motion or motu propio, may undertake any or all of the following measures:

(a) the filing of a charge of indirect contempt of court pursuant to the provisions of Book VII, Chapter 3, Section 13 in relation to Chapter 1, Section 2(1), Book VII of the Administrative Code;

(b) the filing of a complaint for violation of Article 231 of the Revised Penal Code; and

(c) the submission to the President of a recommendation, after formal charge and hearing, for the suspension or dismissal from the service, in case the non-complying witness is a government personnel.

SECTION 8. Resignation/Retirement of Respondent. — The resignation or retirement of the public officer under investigation shall not divest the Commission of jurisdiction to continue the investigation or hearing and submit its recommendation to the President as to the imposition of accessory penalties or such other action to be taken.

SECTION 9. Disclosures. — The Commission shall not disclose or make public any record or information in connection with any investigation or hearing when such disclosure would deprive the respondent of his right to a fair and impartial adjudication. All disclosures of the Commission relating to an administrative case or complaint shall be balanced, fair, and accurate.


Miscellaneous Provisions


Record of Proceedings, Reports and Confidentiality of Recommendations

SECTION 1. Record of Proceedings. — The proceedings of the Administrative Investigation and Fact-Finding Inquiry of the Commission are not required to be recorded by stenographer. In lieu of a transcript of stenographic notes, the record of the hearings shall consist of the written summary thereof made by the Commission, the Commissioner assigned or the panel of hearing officers and incorporated in an Order issued after each hearing. The said summary shall include an abstract of the substance of the testimony of witnesses, an enumeration of the documents offered in evidence and the marking thereof, the significant rulings handed down, and other matters which the Commission, the Commissioner assigned, or the panel of hearing officers may consider important and significant. The proceedings may be tape-recorded by the parties.

SECTION 2. Submission of Report and Recommendations. — After completing its investigation or hearing, the Commission en banc shall submit its report and recommendations to the President. The report and recommendations shall state, among others, the factual findings and legal conclusions, as well as the penalty recommended to be imposed or such other action that may be taken.

SECTION 3. Referral to Other Government Units. — Whenever the Commission deems it warranted and necessary, it may refer for appropriate action any case to the Office of the Ombudsman, or any other office, committee, commission, bureau, agency, department, instrumentality or branch of the government, including government-owned or controlled corporations.

SECTION 4. Measures to Prevent and Minimize Graft and Corruption. — The Commission may conduct studies, on its own or in cooperation with other government agencies or non-government organizations, on new measures to prevent and minimize the opportunities for graft and corruption at all levels of the bureaucracy.


Publication and Effectivity

SECTION 1. Filing in UP Law Center; Effectivity. — These Rules shall be published by the filing of three (3) certified copies thereof in the UP Law Center and shall be effective and shall govern all proceedings before the Commission upon the expiry of fifteen (15) days from the date of the receipt of such copy by the said Center.

Adopted: 13 March 2002






Attested By:

Executive Director

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