I. RATIONALE

Department of Health underwent a Rationalization Plan pursuant to Executive Order No. 366 dated October 4, 2004 re-engineering its organizational structure  thus, creating  new offices  and positions,  as well as collapsing  some already in existence with the aim of transforming the Department into a more responsive organization with appropriate staffing requirements.

Also, the Civil Service Commission on November 18, 2011 promulgated Resolution No. 1101502 creating the Revised Rules on Administrative  Cases in the Civil Service (RRACCS), in effect amending the 1999 Uniform Rules in Administrative Cases in the Civil Service which was observed by the Department in issuing Administrative Order No. 2009-0019 dated October 30, 2009, the œProcedures on Handling Complaints in the Department of Health .

On these premises, there is a need to amend Administrative Order No. 2009-
0019 to complement the new organizational structure of the Department and incorporate the new provisions of the RRACCS.

II. OBJECTIVE

The revised procedure aims to establish a uniform procedure of handling disciplinary complaints filed against the personnel of the Department of Health, including where to file the same based on the new organizational structure of the Department and the salient provisions of the RRACCS.

III. SCOPE

This AO applies to administrative complaints filed by any person against any official  or  employee  of  the  Department  of  Health  which  includes  the  Central Office, all DOH retained hospitals, Regional Offices, Bureaus, Sanitaria, Rehabilitation Centers, BOQ, FDA, NNC, PNAC, PITAHC, POPCOM, and all Presidential Appointees in the DOH Specialty Hospitals.

These rules and procedures shall be suppletory in application to the Revised Rules on Administrative Cases in the Civil Service (RRACCS) or CSC Resolution No. 1101502 dated November 18, 2011.

IV. DEFINITION OF TERMS

Definition and Acronym as herein used are as follows:

1. AHFFC - refers to the Ad Hoc Fact Finding Committee  created to conduct fact finding investigation created by the Head of Agency for complaints which are not under oath and with verifiable information.

2. Chief of Hospital/Medical Center Chief (COH/MCC) - refers to the Chief of a  retained  or  re-nationalized   Department  of  Health  Hospital  or  Medical Center.

3. Chief of Medical Professional Staff/Chief of Clinics - refers to the senior head medical officer of the hospital.

4. Director - refers to the head of the office of a regional office, bureau, service or head of office of DOH and its attached agencies.

5. DOH-CO - refers to the Department of Health Central Office.

6. FFC  - Fact  Finding  Committee  - a Committee  that  gathers  evidence  in relation to the complaint.

7. IAS - refers to the Internal Audit Service of the Department of Health.

8. Formal Charge (FC) - refers to the formal complaint leveled against a public official or employee after conducting the Preliminary Investigation.

9. IMC - refers to the Integrity Management Committee of the Central Office or of the Regional Offices.

10. IRI - refers to Internal Reporting and Investigation,  a sub-committee  of the
Department of Health Integrity Management Committee of the Central Office.

11. Legal Officer (LO) - refers to any Attorney or employee of the Department who is performing the functions of, or acting as, a legal officer. For purposes of this Administrative Order, all LOs of this department are authorized to administer  oath  or affirmation  in connection  with  the  complaints  filed  with their respective offices.

12. LS - refers to the Legal Service of the Department of Health.

13. Motion for Reconsideration  (MR) - refers to a type of pleading filed by a party adversely affected by the decision to the disciplining authority who rendered the same within fifteen (15) days from receipt thereof.

14. ODESLA - refers to the Office of the Deputy Executive Secretary for Legal
Affairs of the Office of the President.

15. Prima Facie - refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. It is evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence.

16. RO - refers to the Regional Office of the DOH.

17. SOH - refers to the Secretary of the Department of Health.

18. Verifiable  Information  -  An  information  is  verifiable  if  its  veracity  and accuracy can be confirmed by a substantial piece of evidence.

V. GENERAL POLICY

The DOH shall hear and decide administrative cases instituted by or brought before it directly or on appeal, guided by the principle that public office is a public trust and that all public officials and employees must at all times be accountable to  the  people,  serve  them  with  utmost  responsibility,   integrity,  loyalty  and efficiency as well as serve the Filipino constituents with sincerity and patriotism,

Lead a modest life and committed to uphold the rule of law and the highest lead standards  of  honesty,  integrity  and  transparency  in  the  performance  of  their official duties and responsibilities in the Department of Health.

VI. PROCESS AND PROCEDURE

The Revised Procedures on Handling Administrative Disciplinary Complaints in the Department of Health shall be observed in the adjudication of:


Complaints  filed against officers or employees  whose positions  are lower than COH/MCC in all retained/re-nationalized hospitals/medical centers, sanitaria, and rehabilitation centers under supervision by a Regional Office concerned.

Section 1. Complaint  filed with (COH/MCC/RO  Director)  - The Complaint  shall be  filed  with  the  Hospital  Chief  concerned  or  with  the  RO  Director  having supervision  of the  retained/re-nationalized   hospitals/medical  centers,  sanitaria, and rehabilitation centers.

Section 2. Initial evaluation of complaint (COH/MCC/RO  Director) - The Hospital
Chief concerned or the RO Director shall initially evaluate the complaint. If --

a.    With no verifiable information  - submit the complaint to sub- committee  on
IRI of IMC for archiving.

b.     With verifiable information but not under oath - require the complainant to be placed under oath before a legal officer of the Department if the identity and address of the complainant/s are known. Otherwise, the Hospital Chief shall create  a  Fact  Finding  Committee  with  one  (1)  Hospital  IMC  member  as member of the FFC.   FFC should be composed of at least 3 members with one member serving as the Chair.

c.     Under  oath  -  proceed  to  preliminary  investigation  by  the  Hospital  Legal Officer or in the absence thereof by the RO Legal Officer upon request of the Hospital Chief concerned.

Section 3. Preliminary Investigation - The Preliminary Investigation shall be conducted  by the Hospital  Legal  Officer  or in the absence  thereof  by the RO Legal Officer upon request of the Hospital Chief concerned (COH/MCC);

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation (COH/MCC) - The Hospital Legal Officer or the RO Legal Officer shall submit the Preliminary Investigation Report and Recommendation for approval by the COH/MCC.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a Regional Hearing Committee to be chaired by any legal officer of the DOH. The other members shall be designated by the RO Director.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the COH/MCC - Upon termination of the proceedings  in the formal investigation  of  the  case,  the  Regional  Hearing  Committee  shall  submit  the Formal Investigation  Report to the COH/MCC. Within 30 days from the time the Formal Investigation Report is submitted, the COH/MCC shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a. Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


Section 1. Complaint  filed with (RO Director/Usec/Asec  concerned/SOH)  - The
Complaint shall be filed with the RO Director/Usec/Asec concerned or the  SOH.

Section  2.  Initial  evaluation  of  complaint  (RO  Director/Usec/Asec  Concerned/ SOH) - The RO Director/Usec/Asec  concerned or the SOH shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before a legal officer of the Department if the identity and address   of   the   complainant/s   are   known.   Otherwise,   the   Usec/Asec concerned  shall  create  a  Fact  Finding  Committee  with  one  (1)  Regional Office IMC member as member of the FFC.  FFC should be composed of at least 3 members with one member serving as the Chair;

c.    Under oath - proceed to preliminary investigation by the Legal Service.

Section 3. Preliminary Investigation - The Preliminary Investigation shall be conducted by the Legal Service;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation (Usec/Asec concerned) - The Legal Service shall submit the Preliminary Investigation Report and Recommendation for approval by the Usec/Asec concerned.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a Hearing  Committee  to be designated  by the Usec/Asec  concerned.   A legal officer of the Department shall act as Adviser of the Committee.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the SOH - Upon termination of the proceedings in the formal investigation of the case, the Hearing Committee shall submit the Formal Investigation Report to the SOH. Within 30 days from the time the Formal Investigation Report is submitted, the SOH shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section 7. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision.


Section 1. Complaint filed with (RO Director) - The Complaint shall be filed with the RO Director.

Section 2. Initial evaluation of complaint (RO Director) - The RO Director shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before any legal officer of the Department  if the identity and  address  of the complainant/s  are known.  Otherwise,  the RO Director shall  create  a  Fact  Finding  Committee  with  one  (1)  Regional  Office  IMC member  as member  of the  FFC.  FFC  should  be  composed  of at least  3 members with one member serving as the Chair;

c.     Under oath - proceed to preliminary investigation by the RO Legal Officer or in the absence thereof, by any legal officer of the Department upon request of the RO Director.

Section 3. Preliminary Investigation - The Preliminary Investigation shall be conducted by the RO Legal Officer or in the absence thereof by any Legal Officer of the Department upon the request of the RO Director;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation  (RO Director) - The RO Legal Officer or in the absence thereof, the Legal Officer of the Department who conducted the Preliminary Investigation shall submit the Preliminary Investigation Report and Recommendation for approval by the RO Director.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a Regional Hearing Committee to be chaired by any legal officer of the DOH. The other members shall be designated by the RO Director.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the RO Director - Upon termination of the proceedings in the formal investigation  of  the  case,  the  Regional  Hearing  Committee  shall  submit  the Formal Investigation Report to the RO Director. Within 30 days from the time the Formal Investigation Report is submitted, the RO Director shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a.     Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


hospitals/medical   centers,   sanitaria,   rehabilitation   centers   and  Special Hospitals under supervision by the Central Office.

Section  1. Complaint  filed with (COH/MCC/LS)  - The Complaint  shall be filed with the Hospital Chief or with the Legal Service.

Section 2. Initial evaluation of complaint (COH/MCC/LS) - The Hospital Chief concerned or the Legal Service shall initially evaluate the complaint. If --

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before a legal officer of the Department if the identity and address of the complainant/s are known. Otherwise, the Hospital Chief shall create  a  Fact  Finding  Committee  with  one  (1)  Hospital  IMC  member  as member of the FFC.   FFC should be composed of at least 3 members with one member serving as the Chair;

c.     Under  oath  -  proceed  to  preliminary  investigation  by  the  Hospital  Legal Officer or in the absence thereof, by any legal officer of the Department upon request of the Hospital Chief concerned.

Section 3. Preliminary Investigation - The Preliminary Investigation shall be conducted by the Hospital Legal Officer or in the absence thereof by any Legal Officer of the Department upon the request of the Hospital Chief concerned (COH/MCC);

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation (COH/MCC)  - The Hospital  Legal Officer or in the absence  thereof,  the Legal Officer  of  the  Department  who  conducted  the  Preliminary  Investigation  shall submit  the Preliminary  Investigation  Report  and Recommendation  for approval by the Hospital Chief concerned.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a Hospital Hearing Committee to be chaired by any legal officer of the DOH. The other  members  shall  be  designated  by  the  Hospital  Chief  concerned (COH/MCC).

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the COH/MCC - Upon termination of the proceedings  in the formal investigation  of  the  case,  the  Hospital  Hearing  Committee  shall  submit  the Formal Investigation  Report to the COH/MCC. Within 30 days from the time the Formal Investigation Report is submitted, the COH/MCC shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a.     Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


Section  1. Complaint  filed with (COH/MCC/LS)  - The Complaint  shall be filed with the Hospital Chief or with the Legal Service.

Section 2. Initial evaluation of complaint (COH/MCC/LS) - The Hospital Chief concerned or the Legal Service shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before a legal officer of the Department if the identity and address  of the complainant/s  are known. Otherwise,  refer the complaint  to IAS for Fact Finding Investigation;

c.    Under oath - proceed to preliminary investigation by the Legal Service.

Section 3. Preliminary Investigation - Proceed to Preliminary Investigation by the Legal Service;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation (COH/MCC)  -  The  Legal  Service  shall  submit  the  Preliminary  Investigation Report and Recommendation for approval by the Hospital Chief concerned.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a DOH Hearing Committee to be created by the Usec/Asec concerned chaired by

a legal officer of the DOH Legal Service. The other two (2) members shall be designated by the Usec/Asec concerned.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the Usec/Asec concerned - Upon termination of the proceedings in the formal investigation  of the case, the DOH Hearing  Committee  shall submit the  Formal  Investigation  Report  to the  Usec/Asec  concerned.  Within  30  days from  the  time  the  Formal  Investigation  Report  is  submitted,  the  Usec/Asec concerned shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a.     Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


Section 1. Complaint filed with (LS/Usec/Asec concerned/SOH)  - The Complaint shall  be  filed  with  the  Legal  Service/Undersecretary/Assistant  Secretary concerned or SOH.

Section 2. Initial evaluation of complaint (LS) - The Legal Service shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before any legal officer of the Department  if the identity and address of the complainant/s are known. Otherwise, refer the complaint to IAS for Fact Finding Investigation;

c.    Under oath - proceed to preliminary investigation by the Legal Service.

Section  3.  Preliminary  Investigation  -  The  Preliminary  Investigation  shall  be conducted by the Legal Service;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section 4. Approval of Preliminary Investigation Report & Recommendation (Usec/Asec concerned) - The Legal Service shall submit the Preliminary Investigation Report and Recommendation  for approval by the Usec/Asec concerned or the SOH.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a DOH Hearing Committee to be designated by the Usec/Asec concerned or the SOH.  A  Legal  Officer  from  the  Legal  Service  shall  act  as  Adviser  of  the Committee.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the SOH - Upon termination of the proceedings in the formal investigation of the case, the DOH Hearing Committee shall submit the Formal Investigation Report to the SOH. The SOH shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section 7. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision.


Section  1.  Complaint  filed  with  (FDA/PITAHC/NNC/PNAC/POPCOM)   -  The Complaint shall be filed with the FDA/PITAHC/NNC/PNAC/POPCOM.

Section 2. Initial evaluation of complaint (FDA/PITAHC/NNC/PNAC/POPCOM) - The agency concerned shall initially evaluate the complaint. If --

a.    With no verifiable information - submit complaint to sub- committee on IRI of
IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before any legal officer of the Department  if the identity and address of the complainant/s are known.  Otherwise, the Head of the Agency/Office concerned shall create a Fact Finding Committee with one (1) Office/Agency   IMC  member   as  member   of  the  FFC.  FFC  should   be composed of at least 3 members with one member serving as the Chair;

c.     If complaint is under oath - proceed to preliminary investigation by the Legal Officer of the agency or in the absence thereof, by any legal officer of the Department upon request of the agency.

Section 3. Preliminary Investigation - The Preliminary Investigation shall be conducted by the Legal Officer of the agency or in the absence thereof, by any legal officer of the Department upon request of the Head of Agency/Office;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section  4.  Approval  of  Preliminary  Investigation  Report  &  Recommendation (Head of the Agency/Office  concerned)  - The Legal Officer of the agency or in the absence thereof, the Legal Officer of the Department who conducted the Preliminary Investigation shall submit the Preliminary Investigation Report and Recommendation for approval by the Head of Agency/Office concerned.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by the Agency  Hearing  Committee  to be chaired  by a Legal  Officer  of the DOH Legal Service. The other members shall be designated by the Head of the agency/Office concerned.

Section  6.  Approval  of  the  Formal  Investigation  Report  and  Issuance  of  the Decision by the Head of Agency/Office - Upon termination of the proceedings in the formal investigation of the case, the Agency Hearing Committee shall submit the Formal Investigation Report to the Head of Agency/Office  concerned. Within 30 days from the time the Formal Investigation Report is submitted, the Head of Agency/Office concerned shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a.     Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


Section 1. Complaint filed with (SOH/LS/Director of agency concerned) - The Complaint shall be filed with the Secretary of Health, Legal Service or Director of the agency concerned.

Section 2. Initial evaluation of complaint (LS) - The Legal Service shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before any legal officer of the Department  if the identity and address of the complainant/s are known. Otherwise, refer the complaint to IAS for Fact Finding Investigation or the Secretary of Health may create AHFFC with IAS as member;

c.    Under oath - proceed to preliminary investigation by the Legal Service.

Section  3.  Preliminary  Investigation  -  The  Preliminary  Investigation  shall  be conducted by the Legal Service;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend issuance of a formal charge.

Section  4.  Approval  of  Preliminary  Investigation  Report  &  Recommendation (Director  of  the  agency  concerned)   -  The  Legal  Service  shall  submit  the Preliminary   Investigation   Report  and  Recommendation   for  approval  by  the Director of the agency concerned.

Section 5. Formal Investigation - The Formal Investigation shall be conducted by a DOH Hearing  Committee  to be designated  by the Usec./Asec.  concerned.  A Legal Officer from the Legal Service shall act as the Chairman of the Committee.

Section 6. Approval of the Formal Investigation Report and Issuance of the Decision(Usec./Asec. concerned) - Upon termination of the proceedings in the formal investigation  of the case, the DOH Hearing  Committee  shall submit the Formal Investigation  Report to the Usec./Asec.  concerned. Within 30 days from the time  the Formal  Investigation  Report  is submitted,  Usec./Asec.  concerned shall issue a Decision in writing;

a.     A Motion for Reconsideration  may be filed within 15 days from receipt of the decision.

Section   7.  Initial   Appeal   (SOH)   -  An  appeal   shall  be  taken   by  filing   a Memorandum of Appeal with the Secretary of Health with Notice of Appeal to the disciplining authority who rendered the appealed decision;

a.     Appeal may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision;

b.     The penalty of dismissal from the service shall only take effect upon approval of the decision by the Secretary of Health.

Section 8. Appeal (CSC) - An Appeal to the Civil Service Commission  may be filed within 15 days from receipt of the denial of the Motion for Reconsideration or from receipt of the decision of the SOH.


Section 1. Complaint filed with (SOH/LS) - The Complaint shall be filed with the Secretary of Health or the Legal Service.

Section 2. Initial evaluation of complaint (LS) - The Legal Service shall initially evaluate the complaint. If -

a.    With no verifiable information - submit the complaint to sub-committee on IRI
of IMC for archiving;

b.     With verifiable information but not under oath - require the complainant to be placed under oath before any legal officer of the Department  if the identity and address  of the complainant/s  are known.  Otherwise,  the Secretary  of Health shall create a Fact Finding Committee with one (1) Central Office IMC member  as member  of the  FFC.  FFC  should  be  composed  of at least  3 members with one member serving as the Chair;

c.    Under oath - proceed to preliminary investigation by the Legal Service.

Section  3.  Preliminary  Investigation  -  The  Preliminary  Investigation  shall  be conducted by the Legal Service;

a.    If no prima facie case - recommend dismissal of complaint;

b.    With prima facie case - recommend to SOH for indorsement of the case to ODESLA or Office of the Ombudsman.

Section  4.  Approval  of  Preliminary  Investigation  Report  (SOH)  -  The  Legal Service shall submit the Preliminary Investigation Report for approval by the Secretary of Health.

VII. MISCELLANEOUS

1.     Notwithstanding  the foregoing rules and procedures, the Secretary of Health may motu propio take cognizance and assume disciplinary jurisdiction of an administrative complaint/case filed against any official or employee of the Department.

2.     To expedite the administrative  investigation  and in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, the Hearing Committees shall adopt the compulsory use of judicial affidavits in place of the direct testimonies of witnesses in compliance with the Judicial Affidavit Rule (JAR) promulgated by the Supreme Court in A.M. No. 12-8-8- SC dated September 12, 2012.

VIII. REPEALING CLAUSE

All other  issuances  of this Department  not in conformity  with this Administrative Order and the Revised Rules on Administrative Cases in the Civil Service (RRACCS) are hereby repealed/modified.

IX. EFFECTIVITY

This Administrative Order shall take effect after fifteen (15) days following the completion of its publication in the Official Gazette or in two (2) newspapers of general circulation.