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Question Can a mere e-mail be a basis for a formal complaint?

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John
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6 years 10 months ago #86 by John

John created the topic: Can a mere e-mail be a basis for a formal complaint?

A co-employee of mine who works as a security personnel in the national government was required by his superiors to submit an incident report regarding his alleged rude behavior towards a visitor that happened around two weeks ago. The issue stemmed from an e-mail sent by this visitor to an officer from another department (service). This officer then wrote my co-employee's superior about the incident attaching said e-mail. The e-mail was not even a formal complaint but rather his (visitor) disgust and a narration about the alleged rude behavior of my co-employee.

(Complaint) Rule 3, Section 10. Who may initiate. states "– Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person.

My question now is, does this mere e-mail which is unverified, sufficient for the disciplining authority to initiate a disciplinary investigation or much worse a basis for a formal charge despite it being bias, subjective and does not posses the requisites of a formal complaint (under oath) in the first place?

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6 years 10 months ago #88 by Action Officer

Action Officer replied the topic: Can a mere e-mail be a basis for a formal complaint?

A letter or e-mail may prompt a fact-finding investigation by the head of the agency.

In the case of Gaoiran vs. Alcala, November 26, 2004, G.R. No. 150178, the Supreme Court ruled:

“Acting thereon, the CHED referred the matter to its Office of Legal Affairs Service and Atty. Dasig, as OIC Director thereof, conducted a fact-finding investigation on the incident. The said letter-complaint did not, by itself, commence the administrative proceedings against the petitioner, requiring an answer from him, but, as already mentioned, merely triggered a fact-finding investigation by the CHED.

“The Court cannot, therefore, uphold the petitioner’s contention that respondent Castillejo’s letter-complaint was “inexistent” and could not be acted upon by the CHED for to do so, would result in an absurd and restrictive interpretation of E.O. No. 292 and effectively deprive the Government of its disciplining power over people who hold a public trust.”

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John
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6 years 10 months ago #99 by John

John replied the topic: Can a mere e-mail be a basis for a formal complaint?

Thank you!

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Action Officer 1

6 years 9 months ago #186 by Action Officer 1

Action Officer 1 replied the topic: Can a mere e-mail be a basis for a formal complaint?

An email complaint/message shall be entertained unless there is obvious truth or merit to the allegation therein or supported by documentary or direct evidence, in which case the person complained of may be required to comment.

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