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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 14-B
TO :
All Provincial Governors, City , Municipal and Municipal District Mayors
To facilitate the reorganization
of the entire government at all levels, and to accomplish fully the
objective of weeding out undesirable government officials and employees
in the public interest, it is now imperative to extend the coverage of
Letter of Instructions No. 14-A, so as to include officials and
employees of local governments.
Pursuant to Proclamation No.
1081 dated September 21, 1972, and General Order No. 1 dated September
22, 1972, you are hereby directed to require all appointive officials
and employees in your respective governments who are facing
administrative charges, or who are notoriously undesirable on the
ground of dishonesty, incompetence or other kinds of misconduct defined
in the civil service law and rules, or who have been repeatedly charged
administratively, to tender their resignations within one week from
publication of this Order in your jurisdictions.
This Order shall be published
and disseminated immediately in all offices of the respective local
governments.
Should the officers and
employees concerned fail or refuse to resign within the one-week period
prescribed in the foregoing paragraph, they shall be suspended
immediately until their cases are disposed of, as follows:
1.
For those
actually facing administrative charges, if after preliminary inquiry
into the same, the head of local government is convinced that the
evidence of guilt against the respondent or respondents is strong, he
shall dismiss or consider them resigned or otherwise separated from the
service, or impose the proper penalty for the offense.
2. In the case
of an officer or employee who is notoriously undesirable, or has been
repeatedly charged administratively but has for any reason escaped
disciplinary action, the head of local government shall take notice of
such notoriety and, without the necessity of filing charges, shall
summarily dismiss or otherwise terminate the services of such official
or employee.
You are enjoined to exercise the best judgment and utmost objectivity in the disposition of the case of an official or employee who is either administratively charged or is allegedly notoriously undesirable so that no justice may be committed against anybody.
The head of local government shall determine whether the officials and employees who voluntarily resign in obedience to this Order shall enjoy any of the benefits granted by law to retiring officials and employees, subject to the approval of the Department Head.
Adverse decisions in administrative cases and actions of summary dismissal by the corresponding head of local government shall be final and executory upon the termination of fifteen (15) days from receipt of the same by the respondent, except in case of appeal. When the penalty imposed does not exceed suspension without pay for one month or a fine not exceeding one month's salary, the same shall be final. If it so exceeds, the same way may be appealed by the respondent to the Local Review Board herein created, which shall be composed of the provincial fiscal as chairman, the provincial treasurer and the division superintendent of schools as members, in case of provincial, municipal and municipal district officials and employees; and the city fiscal as chairman, city treasurer and city superintendent of schools as members, in case of city officials and employees. The Review Board shall render its decision within thirty (30) days from receipt of the appeal and record of the case, and its decision shall be final.
You should submit to the Office of the President a report containing the reasons or justifications for the course of action taken on each case of those with administrative cases or are notoriously undesirable not later than December 31, 1972.
The provisions of Letter of Instructions No. 11 dated September 29, 1972, requiring national officials who are presidential appointees to submit their resignations, are hereby extended to local officials who are or have the status of presidential appointees. They should submit their resignations within one week from publication of this Order in your respective jurisdictions, the same to be coursed through the corresponding head of local government.
Exclude from the operation of this Order are members of the local police forces who are covered by Presidential Decrees Nos. 12 and 12-A dated October 3 and 4, 1972, respectively.
This Letter of Instructions shall be strictly complied with.
Done in the City of Manila, this 9th day of November, in the year of Our Lord, nineteen hundred and seventy-two.
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