MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ ADMINISTRATIVE ORDER NO. 66, May 04, 1999 ]
FURTHER AMENDING ADMINISTRATIVE ORDER NO. 23 DATED DECEMBER 17, 1992, AS AMENDED BY ADMINISTRATIVE ORDER NO. 159 DATED NOVEMBER 25, 1994, PRESCRIBING FOR THE RULES AND PROCEDURES ON THE INVESTIGATION OF ADMINISTRATIVE DISCIPLINARY CASES AGAINST ELECTIVE LOCAL OFFICIALS OF PROVINCES, HIGHLY URBANIZED CITIES, INDEPENDENT COMPONENT CITIES, COMPONENT CITIES AND CITIES AND MUNICIPALITIES IN METROPOLITAN MANILA
I, JOSEPH E. ESTRADA, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Section 2, Rule I of Administrative Order No. 23, as amended, is hereby further amended, to read as follows:
"Section 2. Disciplining Authority. — The President, who may act through the Executive Secretary, shall be the Disciplining Authority for all administrative complaints against elective local officials covered therein."
Section 2. Section 3 of Rule 1 of Administrative Order No. 23, as amended, is hereby further amended, to read as follows:
"Section 3. Investigating Authority. — The Secretary of the Interior and Local Government is hereby designated as the Investigating Authority.ℒαwρhi৷ As such, he is authorized to investigate complaints filed against elective officials covered herein and act appropriately thereon as hereinafter provided. He may, thereafter, constitute an Investigating Committee in the Department of Interior and Local Government for the conduct of investigation.
“The preceding paragraph notwithstanding, the Disciplining Authority may, in the interest of the service, constitute a Special Investigating Committee in lieu of the Secretary of the Interior and Local Government. Nothing herein provided, however, shall prevent the President from assuming jurisdiction at any stage of the proceedings over cases to be preliminarily investigated by the Department of Interior and Local Government. In such event, the same shall immediately be forwarded to the Special Investigating Committee after it may have been constituted by the Disciplining Authority."
Section 3. Section 4 of Rule 3 of Administrative Order No. 23, as amended, is hereby repealed.
Section 4. Sections 1 and 3 of Rule 4 of Administrative Order No. 23, as amended is hereby amended, to read as follows:
“SEC. 1. Notice. — Within seven (7) days after the complaint is filed, the Investigating Authority or the Disciplining Authority as the case may be shall issue an order requiring the respondent to submit his verified answer within fifteen (15) days from receipt thereof.
“SEC. 3. Where filed. — The answer shall be submitted to the Secretary of the Interior and Local Government or the Office of the President as the case may be. However, for cases against elective officials of LGUs concerned outside Metropolitan Manila, the answer may be submitted through the concerned Regional Director of the DILG, who shall transmit the same to the Secretary of the Interior and Local Government, within forty-eight (48) hours from receipt thereof. In this regard, the Regional Director concerned shall authenticate all the pertinent documents presented to him.
A copy of the answer shall be furnished to each of the following:
a) The complainant;
b) The Office of the Governor in the case of component cities; and
c) The Metropolitan Manila Development Authority in the case of cities and municipalities in Metro Manila."
Section 5. Sections 1 and 3 of Rule 5 of Administrative Order No. 23, as amended, are hereby amended, to read as follows:
"SEC. 1. Commencement. — Within twenty (20) days from receipt of the answer, the Investigating Authority shall commence the investigation of the case."
"SEC. 3. Evaluation. — After the filing of the answer, the Investigating Authority shall, within fifteen (15) days from receipt thereof, determine the existence of a probable cause."
"Should probable cause exists, the Investigating Authority shall set the case for preliminary conference and formal administrative proceedings shall thereafter be conducted. If warranted, the investigating Authority may recommend to the Disciplining Authority the imposition of a preventive suspension on the respondent/s."
Section 6. This Order shall take effect immediately.
Adopted: 04 May 1999
(SGD.) JOSEPH EJERCITO ESTRADA
President
By the President:
(SGD.) RONALDO B. ZAMORA
Executive Secretary
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