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Question A Government Employee Who Makes Scandalous Behavior

2 years 11 months ago #8362 by Rockie
Rockie created the topic: A Government Employee Who Makes Scandalous Behavior
Hello po,

May I ask a question? I am a resident in Loreto Agusan del Sur. Ang kapitbahay ko po na nagtratrabaho sa Department of Agriculture ay umuwi sa bahay nila at 11:40 a.m. Nagtanum siya ng mga bulaklak sa aking lote. Nang dumating siya ay biglang nangangaway sa akin, at nagsisigaw sa akin habang sout ang uniform niya sa trabaho. Nagvideo ako sa kanya dahil nasa loob naman siya ng lote ko. Sinapak nya cellphone ko. Gusto siyang mang-agaw ng ilang feet na lupa sa lote ko kaya tinaniman niya ng bulaklak, at nang sitahin ko ay sinisigawan niya ako. Puede ko ba siyang isumbong sa Civil Service ng misdemeanor at loitering during duty?

Maraming salamat po.

Rockie A. Simbajon
Loreto, Agusan del Sur

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2 years 10 months ago #8387 by Action Officer 21
Action Officer 21 replied the topic: A Government Employee Who Makes Scandalous Behavior
Hi Rockie,

As a matter of policy, this Office refrains from rendering categorical opinion on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, Section 1, Article XI of the Philippine Constitution provide, that:

"SECTION 1. Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives."

Short of meeting the constitutional mandate, a government officer or employee may be found liable for an administrative offense.

Thus, should you believe that an administrative offense may have been committed, it is advised to file the appropriate complaint pursuant to Sections 10 to 13, Rule 3, 2017 RACCS, to wit:

“Section 10. Who May Initiate. Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person.

“Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or an authorized representative, a show cause order is sufficient.

“The complaint shall be written in a clear, simple and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. Should there be more than one person complained of, the complainant is required to submit additional copies corresponding to the number of persons complained of.

“The complaint shall contain the following:

“a. full name and address of the complainant;

“b. full name and address of the person complained of as well as his/her position and office;

“c. a narration of the relevant and material facts which shows the acts or omissions allegedly committed;

“d certified true copies of documentary evidence and affidavits of his/her witnesses, if any; and

“e. certification or statement of non-forum shopping.

“The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same.

“Section 12. Anonymous Complaint. No anonymous complaint shall be entertained unless the act complained of is of public knowledge or the allegations can be verified or supported by documentary or direct evidence.

“Section 13. When and Where to File a Complaint. Except when otherwise provided for by law, an administrative complaint may be filed anytime with the Commission or any of its regional offices, heads of departments, agencies, national government, local government units, state universities and colleges (SUCs) or local universities and colleges (LUCs), and government-owned or controlled corporations with original charters except as may be provided by law.”

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