Facts

Rules and Procedures in Filing Complaints And Cases in DOLE

Procedures

Who May Initiate a Complaint?

Any person can file a complaint
provided however that the complaint is
in writing, subscribed and sworn to by
the complainant otherwise the same
shall not be given due course
Requisites of a Valid Complaint
a) full name and address of the complainant;
b) full name and address of the person/s
complained of as well as the latters position
and office/s;
c) a narration of the relevant and material facts
which shows the acts or omissions allegedly
committed;
d) certified true copies of documentary evidence
and affidavits of witnesses, if any; and
e) Certification or statement of non-forum
shopping.
Note: No anonymous complaint shall be
entertained unless there is obvious truth or merit
to the allegations therein or supported by
documentary or direct evidence, in which case the
person complained of may be required to
comment

When and where to File a Complaint. A complaint may be filed anytime during
office hours with the Office of the
Secretary, or any of the Regional Offices
or Attached Agencies having jurisdiction
over the official or employee
complained of.
Note:
If jurisdiction to investigate properly belongs
to another office or duly constituted
committee within DOLE, the ACC shall
immediately refer the complaint to the
appropriate office or committee.
If the complaint is against a presidential
appointee, the ACC shall recommend to the
disciplining authority the referral or
endorsement of the same to the Office of the
President.
If the complaint alleges acts that are purely
personal on the part of the complainant and
the person complained of, and there is no
apparent injury to the government, the same
may be subject to settlement pursuant to the
guidelines provided under Section 70 of this
Rules.
In case of anonymous complaints, the ACC
shall evaluate the allegations based on
pertinent official records and documents. If
the allegations are not based on facts, the
anonymous complaint shall not be given due
course and the ACC shall recommend to the
disciplining authority the closure or archiving
of the complaint.
If the complaint cites acts or omissions that
constitute purely a criminal offense under
penal laws and rules, the ACC shall
recommend to the disciplining authority the
immediate referral of the same to the OFFICE
of the ombudsman. However, if the complaint
cites both administrative and criminal
infractions, the administrative investigation
shall proceed and shall be completed first
before referring to the Office of the
Ombudsman the criminal counterpart as
established during the investigation.

Start

The ACC, within five (5) days from

receipt, shall evaluate whether
the complaint is sufficient in form
and substance.

Complainant

Administrative
Complaints Committee
(ACC)
Is the complaint
sufficient in form
and substance?

Timeline

No?

The ACC shall issue a Notice to

Comment within three (3) days,
requiring the person complained
of to submit a notarized or sworn
comment/counter-affidavit
on
the acts or omissions complained
of.

Yes?
ACC shall recommend
dismissal
of
the
complaint

ACC Conduct of
Preliminary Investigation

The ACC shall commence the

preliminary investigation not
later than eight (8) days from its
receipt of the complaint, and
shall be terminated within thirty
(30) days from receipt of the
comment/counter-affidavit.

Preliminary Investigation
Report

Within ten (10) days from the

termination of the preliminary
investigation, the ACC shall
submit to the disciplining
authority
the
Preliminary
Investigation
Report
with
recommendation together with
the complete records of the case.

Is there a
prima facie
case exist?

No?

Yes?
The ACC shall issue
order of Dismissal
of the Case

Issuance of Formal
Charge

End

For your comments, suggestions and complaints

Please call our Public Assistance and Complaints Unit
(PACU) at tel. No. (043)288-2078/2080
Or e-mail your concerns thru doleregion4b@yahoo.com

The Formal Charge shall contain a

specification of the charge (s), a
brief statement of material or
relevant facts, a directive to
answer the charge (s) in writing
under oath not later than seven
(7) days from receipt thereof, an
advice for the respondent to
indicate in his/her answer
whether or not he/she elects a
formal investigation of the charge
(s), and a notice that he/she is
entitled to be assisted by a
counsel of his/her choice.