[ PPC CIRCULAR NO.97-29, September 01, 1997 ]

AMENDED DEVOLUTION OF FUNCTIONS AND RESPONSIBILITIES IN THE CONDUCT OF ADMINISTRATIVE DISCIPLINE AND PROCEDURE



Pursuant to Board Resolution Nos. 96-125 and 96-126 dated 19 September 1996, approving the deployment of Postal Inspectors to the Regions and as an amendment to Circular No. 97-26 dated July 9, 1997, the following functions and responsibilities in the conduct of administrative discipline are hereby devolved to the Regional Managers and their Regional Legal Officer and Postal District Managers, to wit:

1. Fact Finding Investigation

    1.1 Investigate matters involving disciplinary action against officers and employees with Salary Grade 23 and below. The grounds for disciplinary action are provided for in Sec. 1, Rule V of PPC's Disciplinary Rules and Procedures

    1.2 In cases of complaints against officers and employees with Salary Grade 24 and above but below the rank of Regional Manager, the investigation shall be conducted by the Postal Inspectors in the Office of the Postmaster General, Central Office.

    1.3 The Postal District Managers concerned shall motu proprio conduct an investigation of complaints/information received in their jurisdictional district. The fact-finding investigation report shall be submitted to the Regional Manager, a copy shall be furnished the Postmaster General at the same time that the original report is submitted to the Regional Manager.

2. Formal Charge

    2.1 Upon receipt of the fact-finding investigation report, the Regional Legal Officer shall evaluate the evidence both documentary and testimonial to find out if a prima facie case exists against the respondent officer or employee with Salary Grade 23 and below to warrant the filing of a formal charge.

    2.2 If a prima facie case exists against the respondent officer or employee, a formal charge shall be prepared for signature of the Regional Manager, copy furnished the Office of the Postmaster General.

    2.3 If the officer or employee involved in the investigation carries salary Grade 24 and above, the fact-finding investigation report shall be submitted to the Office of the Postmaster General which shall evaluate the sufficiency of evidence to warrant the filing of a formal charge.

3. Preventive Suspension

    3.1 The Regional Manager may issue preventive suspension order not exceeding thirty (30) days against respondent officer or employee with a Salary Grade 23 and below without prejudice to requesting the Postmaster General for another sixty (60) days to complete the 90-day preventive suspension allowed by existing laws.

    3.2 Preventive Suspension Order against the respondent officer or employee may be issued only if the charge against such officer or employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty or if there are reasons to believe that the respondent is guilty of the charges which would warrant his removal from the service.

4. Formal Hearing

    4.1 The Regional Manager shall designate Hearing Officer and Prosecutor as the case may be from among the Regional Legal Officer and Postal District Managers in his region and may issue Orders for the conduct of formal hearing, if respondent officer or employee with Salary Grade 23 and below elects a formal hearing.

    4.2 In the conduct of formal hearing, Section 10 to Section 25 of Rule III shall be observed. To expedite the hearing of administrative cases a pre-hearing conference (Sec. 12, Rule III) shall always be resorted to before the hearing proper.

    4.3 In cases of formal hearing especially of grave and less grave offenses defined in Section I, Rule V of PPC's Disciplinary Rules and Procedures, the Regional Manager may request the assistance of the Legal Service, Central Office, to conduct the formal hearing of administrative cases involving grave offenses.

5. Rendition of Decision

    5.1 The Regional Manager may render a decision in administrative cases for respondent officer or employee with Salary Grade 23 and below, the penalty of which shall not exceed thirty (30) days fine or suspension subject to confirmation or modification by the Postmaster General or his duly authorized representative. Pending confirmation, the decision shall not become executory.

    5.2 Where the penalty imposable exceeds thirty (30) days fine or suspension, the case papers shall be forwarded to the Office of the Postmaster General, Central Office, for appropriate decision.

    5.3 Unmeritorious cases for closure due to insufficiency of evidence, non-identification of offender, responsibilities cannot be pinpointed, etc., shall be forwarded to the Office of the Postmaster General with appropriate recommendation of the Regional Manager.

6. Criminal Cases

    6.1 In malversation and pilferage cases or other cases complexed with criminal liability, the Regional Manager shall, immediately after the filing of formal charge in administrative cases, file a criminal complaint against the respondent officer or employee with the proper court or agency.

    6.2 All criminal cases filed by the Regional Manager with the proper court or agency shall be furnished the Office of the Postmaster General for monitoring and technical supervision purposes.

7. Accountability

    7.1 The Regional Manager shall be responsible to the Postmaster General in the discharge of their functions and responsibilities in the conduct of Administrative Discipline within their territorial region.

    7.2 Nothing in this circular shall preclude the Postmaster General from exercising any of the functions herein above stated when the interest of the service so requires.

All orders, circulars, and issuances of this office in conflict herewith are hereby superseded and/or modified accordingly.

Adopted: 01 Sept. 1997

(SGD.) IRINEO V. INTIA, JR.
Postmaster General