[ LTFRB MEMORANDUM CIRCULAR NO. 2012-002, January 20, 2012 ]

GUIDELINES ON ADMINISTRATIVE INVESTIGATIONS



In accordance with the provisions of the 1987 Administrative Code and Civil Service Laws, the Board hereby adopts the following guidelines in the conduct of administrative investigation of complaints against LTFRB officials and employees, to wit:

  1. Written complaints need not be signed or made under oath, and must be filed before or e-mailed to the Board. Complaints received through telephone calls, text messages or other electronic means shall be reduced into writing by the receiving official or employee, and filed before the Board for determination of cause and jurisdiction.

  2. When warranted, the official or employee subject of the complaint shall then be immediately charged, furnished a copy of the complaint and directed to file a written answer within seventy-two (72) hours from receipt thereof.

    The concerned official or employee may engage the services of counsel. However, no Motion to Dismiss, Motion for Extension of Time to File Pleading, Motion for Bill of Particulars or similar pleadings which are dilatory in nature shall be entertained by the Board.

    Failure to submit a written answer shall be deemed a waiver of the right to be heard and to offer evidence. The Board shall then base its findings and resolution on available evidence.

  3. The Board may, in the exercise of its sound discretion, assign the investigation of the case to a Fact Finding Committee.

  4. The investigation shall be resolved within thirty (30) days from receipt by the Board of the complaint.

This Memorandum Circular shall take effect fifteen (15) days following its publication in at least two (2) newspapers of general circulation. Let three (3) copies hereof be failed with the UP Law Center pursuant to Presidential Memorandum Circular No. 11, dated 9 October 1992.

SO Ordered.


Adopted: 20 January 2012
   
 
(SGD.) JAIME D. JACOB
Chairman
(SGD.) MANUEL M. IWAY
(SGD.) SAMUEL JULIUS B. GARCIA
Board Member
Board Member
Attested by:
(SGD.) FRANCISCO M. MENDOZA
Executive Director