SBN-1045 - Senate

other person, The complaint shall be accomplished by sworn statements
covering the charges and those of the witnesses together with documentary
evidence, if any.
(b) On the basis of the sworn written complaint and supporting paper filed by any
other person, the disciplining authority shill! require the person complained of
to explain why no administrative case should be filed. If the disciplining
authority does not find a prima facie case, the complaint shall be dismissed;
otherwise, a formal charge shall be issued in accordance with the provisions
of this Code. The respondent shall be furnished with copies of the complaint,
sworn statements and other documents submitted.
(c) In administrative proceedings initiated by the disciplining authority or head
department or agency, the formal charges should be issued only after the
disciplining authority finds a prima facie case in accordance with the
provisions of this Code.
SEC. 187. Issuance of a Formal Charge. - The formal charge shall state the
specifications of the offense and shall require the respondent to submit an answer in
writing and under oath together with supporting sworn settlements covering his/her
defense and those of witnesses together with the supporting documentary evidence, if
any. The respondent shall be allowed at least but not more than five (5) days from
receipt of the formal charge to submit an answer and the affidavits of the witnesses, if
any, and shall be informed of hidher right to counsel and to indicate whether or not
helshe elects a formal investigation. In cases when the respondent submits a request
for clarification, a bill of particulars or a motion to dismiss which arc obviously designed
to delay the administrative proceedings, the same shall be considered. as answer.
SEC. 188. Formal Investigation. -
(a) If the respondent has elected a formal investigation, the disciplining authority
or the duly authorized representative shall conduct the formal investigation
with a notice issued within five (5) days from receipt of the answer.
(b) Complainant and respondent may avail themselves of the services of counsel
and may require the atttendance of witnesses by subpoena ad fesfifcandum
and the production of documentary evidence through the compulsory process
of subpoent subpoena duces tecum.
(c) Even if the respondent docs not request a formal investigation, such
investigation shall be conducted when, on the basis of the allegations in the
complaint and the answer' of the respondent including supporting documents,
the merits of the case cannot be decided judiciously without conducting such
investigation.
(d) The formal investigation shall be commenced not earlier than five (5) days
not later than ten (10) days from receipt of the respondent's answer. The
investigation shall be conducted to ascertain the truth without strictly
adhering to technical rules applicable to judicial proceedings. Hearings shall
be continuously held and the investigation terminated, if possible, within ten
(IO) days from its commencement, especially for grave offences, unless the
period is extended by the disciplining authority in meritorious cases,
(e) The direct evidence for the complainant and the respondent shall consist of
the sworn statements and documents submitted in support of the complaint
or answver, as the cae may be, without prejudice to the presentation of
additional evidence deemed necessary but was unavailable at the time of