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ADMINISTRATIVE ORDER NO. 66
ADMINISTRATIVE ORDER NO. 66 -
FURTHER AMENDING ADMINISTRATIVE ORDER NO. 23 DATED DECEMBER 17, 1992,
AS AMENDED BY ADMINISTRATIVE ORDER NO. 159 DATED NOVEMBER 25, 1994,
PRESCRIBING FOR THE RULES AND PROCEDURES ON THE INVESTIGATION OF
ADMINISTRATIVE DISCIPLINARY CASES AGAINST ELECTIVE LOCAL OFFICIALS OF
PROVINCES, HIGHLY URBANIZED CITIES, INDEPENDENT COMPONENT CITIES,
COMPONENT CITIES AND CITIES AND MUNICIPALITIES IN METROPOLITAN MANILA
I, JOSEPH E. ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Sec. 2, Rule I of Administrative Order
No. 23, as amended, is hereby further amended, to read as follows:
"Sec. 2.
Disciplining Authority. — The President, who may
act through the Executive Secretary, shall be the Disciplining
Authority for all administrative complaints against elective local
officials covered therein."
Sec. 2.
Sec. 3 of Rule 1 of Administrative
Order No. 23, as amended, is hereby further amended, to read as follows:
"Sec. 3.
Investigating Authority. — The Secretary of the
Interior and Local Government is hereby designated as the Investigating
Authority. As such, he is authorized to investigate complaints filed
against elective officials covered herein and act appropriately thereon
as hereinafter provided. He may, thereafter, constitute an
Investigating Committee in the Department of Interior and Local
Government for the conduct of investigation.
The preceding paragraph
notwithstanding, the Disciplining Authority may, in the interest of the
service, constitute a Special Investigating Committee in lieu of the
Secretary of the Interior and Local Government. Nothing herein
provided, however, shall prevent the President from assuming
jurisdiction at any stage of the proceedings over cases to be
preliminarily investigated by the Department of Interior and Local
Government. In such event, the same shall immediately be forwarded to
the Special Investigating Committee after it may have been constituted
by the Disciplining Authority."
Sec. 3.
Sec. 4 of Rule 3 of Administrative
Order No. 23, as amended, is hereby repealed.
Sec. 4.
Section s 1 and 3 of Rule 4 of
Administrative Order No. 23, as amended is hereby amended, to read as
follows:
Section 1.
Notice. — Within seven (7) days after the
complaint is filed, the Investigating Authority or the Disciplining
Authority as the case may be shall issue an order requiring the
respondent to submit his verified answer within fifteen (15) days from
receipt thereof.
Sec. 3.
Where filed. — The answer shall be
submitted to the Secretary of the Interior and Local Government or the
Office of the President as the case may be. However, for cases against
elective officials of LGUs concerned outside Metropolitan Manila, the
answer may be submitted through the concerned Regional Director of the
DILG, who shall transmit the same to the Secretary of the Interior and
Local Government, within forty-eight (48) hours from receipt thereof.
In this regard, the Regional Director concerned shall authenticate all
the pertinent documents presented to him.
A
copy of the answer shall be furnished to each of the following:
a)
The
complainant;
b)
The Office
of the Governor in the case of component cities; and
c)
The
Metropolitan Manila Development Authority in the case of cities and
municipalities in Metro Manila."
Sec. 5.
Section s 1 and 3 of Rule 5 of
Administrative Order No. 23, as amended, are hereby amended, to read as
follows:
"Section 1.
Commencement. — Within twenty (20) days from
receipt of the answer, the Investigating Authority shall commence the
investigation of the case."
"Sec. 3.
Evaluation. — After the filing of the answer, the Investigating
Authority shall, within fifteen (15) days from receipt thereof,
determine the existence of a probable cause."
"Should probable cause exists,
the Investigating Authority shall set the case for preliminary
conference and formal administrative proceedings shall thereafter be
conducted. If warranted, the investigating Authority may recommend to
the Disciplining Authority the imposition of a preventive suspension on
the respondent/s."
Sec. 6.
This Order shall take effect immediately.
Done in the City of Manila,
this 4th day of May, in the Year of Our Lord, Nineteen Hundred and
Ninety-Nine.
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