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Question where to file complaints against government employee

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6 years 3 weeks ago #1439 by Action Officer 34
Action Officer 34 replied the topic: where to file complaints against government employee
Good morning,

With regard to your question, please refer to the following:

Section 5. Jurisdiction of the Civil Service Commission. The Civil Service Commission shall hear and decide administrative cases or matters instituted by or brought before it, directly or on appeal , including contested appointments, and review decisions and actions of its officers and other government agencies (2017 Rules on Administrative Cases in the Civil Service).

Also, Section 7. Cases Cognizable by the Commission. The Civil Service Commission shall take cognizance of the following cases:

A. Disciplinary xxx

3. Complaints against officials who are not presidential appointees or elective officials.

On the other hand,

Section 15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: Provided, That the refusal by any officer without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action against said officer; xxx (Republic Act No. 6770 or The Ombudsman Act of 1989).

If you can be more specific as to the person/office of the person you would want to complain, please let us know so that we can give you a more definite answer.

Thank you.

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6 years 3 weeks ago #1444 by Bing
Bing replied the topic: where to file complaints against government employee
we would like to file complaint against PDEA agents. pls advice where to properly file the case.
thanks

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6 years 2 weeks ago #1453 by Action Officer 34
Action Officer 34 replied the topic: where to file complaints against government employee
Hi!

Kindly consider

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 charter except as may be provided by law. (2017 RACCS)

Thank you.

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3 years 11 months ago #3933 by Joshua Erwin Fontanilla
Joshua Erwin Fontanilla replied the topic: where to file complaints against government employee
Hi! May i know what are the steps to file complaint for a Government Employee residing on Municipality?

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3 years 11 months ago #3989 by Action Officer
Action Officer replied the topic: where to file complaints against government employee
Hi! You may opt to file either to the Civil Service Commission or the Office of the Ombudsman complaint against an erring government employee. Please be informed, however, that the Civil Service Commission does not have jurisdiction over criminal cases unlike the Office of the Ombudsman.
We hope to have enlightened you on the matter.

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3 years 11 months ago #3990 by Action Officer
Action Officer replied the topic: where to file complaints against government employee
Hi! This is in response to your query. Please be guided by the following provision of the 2017 Rules on Administrative Cases in the Civil Service (RACCS), thus:

Rule 3
COMPLAINT

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.

We to have enlightened you on the matter.
The following user(s) said Thank You: Jay Jay

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