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118 OG No. 47, 12861 (November 21, 2022)

[ MEMORANDUM ORDER NO. 9, November 08, 2022 ]

RECONSTITUTION OF THE INTERNAL AFFAIRS AND COMPLAINTS COMMITTEE IN THE OFFICE OF THE PRESIDENT



By virtue of Memorandum Order No. 182, s. 2005, as amended by Memorandum Order No. 295, s. 2009, Memorandum Order No. 10, s. 2010, Memorandum Order No. 19, s. 2011, Memorandum Order No. 71, s. 2014, Memorandum Order No. 89, s. 2016, and Memorandum Order No. 04, s. 2022, the Internal Affairs and Complaints Committee (IACC) was created to receive, act on, and investigate all administrative disciplinary complaints against public officers and employees of the Office of the President who are non-presidential appointees.

In the exigency of service and to ensure the expedient resolution of all pending IACC cases, there is a need to reconstitute the membership of the IACC and amend, for that purpose, Sections 2, 5, and 6 of Memorandum Order No. 182, s. 2005, to read as follows:

Section 2. Composition; Quorum. - The IACC shall be composed of five (5) members as follows:

1. The Deputy Executive Secretary for Internal Audit, who shall be the Chairperson and Presiding Officers;
2. The Deputy Executive Secretary of Legal Affairs (DESLA);
3. The Deputy Executive Secretary for Finance and Administration;
4. The Deputy Executive Secretary for General Administration; and
5. The Assistant Executive Secretary of the General Government Administration Office.
In the absence of the Deputy Executive Secretaries and upon their directive or in case of vacancy or incapacity, their respective Assistant Executive Secretaries shall act as alternate member.
A quorum, consisting of a majority of the members of the IACC, shall be required for the transaction of the business, and the resolution of the majority of the quorum duly assembled shall be a valid act. However, in rendering or issuing its findings and recommendation, order or resolution, the majority of the IACC membership all present in a meeting called for the purpose, is required.

xxx    xxx      xxx

Section 5. Designation of Investigator/s. - In the conduct of its investigation, the CIU Head (DESLA) shall designate an investigator or a panel of investigators, preferably lawyers, who shall conduct hearings and render a report of and submit their findings and recommendation to the IACC through the CIU Head, within fifteen (15) days from the conclusion of the investigation. In investigating complaints on disciplinary cases, the investigator or panel of investigators shall observe closely pertinent provisions of the Administrative Code of 1987, civil service rules and regulations, and other related laws.

Section 6. Subpoena and Subpoena Duces Tecum. - For purposes of investigating complaints pursuant to the Administrative Code of 1987 and civil service rules and regulations, the DESLA, the designated investigator or the Chairperson of the panel of investigators is authorized to summon witnesses by subpoena and require the production of documents by subpoena duces tecum, administer oaths, take testimony, receive evidence submitted during the proceedings, and recommend the preventive suspension of the respondent as the nature of the offense and the evidence warrants.

All issuances or portions thereof which are inconsistent with this Memorandum Order are hereby revoked, amended or modified accordingly.

This Memorandum Order shall take effect immediately.

DONE in the City of Manila, this 8th day of November, the Year of our Lord, Two Thousand and Twenty-Two.


 


 By authority the President:

 
 
  (SGD.) LUCAS P. BERSAMIN
Executive Secretary










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