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Question Offense

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4 years 4 months ago #3426 by Nikko
Nikko created the topic: Offense
Good afternoon. What is the possible offense that can be charged against an employee who refuse to receive a memo directing him/her to explain his side for violation of office rules?

Thank you.

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4 years 3 months ago #3430 by Action Officer 21
Action Officer 21 replied the topic: Offense
Hi,

If the person complained of refuses to receive a copy of the show-cause order, the server or office serving such order shall state such fact for the record pursuant to the Rules of Court which has suppletory application in administrative cases. Thereafter, the provisions of the second paragraph of Section 19, Rule 4 of the 2017 Rules on Administrative Cases in the Civil Service, to wit:

“When the complaint is initiated by the disciplining authority, it or its authorized representative shall issue a show-cause order directing the person complained of to explain within the same period why no administrative case should be filed against the said person. The failure to submit a comment/counter-affidavit/explanation shall be considered a waiver thereof and the preliminary investigation may be completed even without the counter-affidavit/comment/explanation.” (underscoring supplied)

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