48 Case Referral Mechanisms from receipt of the complaint sufficient in form and substance, and his failure to submit the same is considered as a waiver thereof. The documents and other pieces of evidence submitted by the complainant and the person complained of shall serve as the bases in the investigator’s decision/resolution of the case or in case the person complained of did not submit his/her counter-affidavit/comment/explanation, the investigator shall decide the case based on the evidence submitted by the complainant. If a prima facie case is established, the disciplining authority may issue a formal charge or notice of charge against the person complained of. The respondent shall then be required to submit a counter-affidavit or comment. v. Administrative offenses which are punishable by dismissal from service on the second and third offense; or vi. If there are reasons to believe that the respondent is guilty of the charge/s which would warrant his/her removal from service.76 An order of preventive suspension may be issued to temporarily remove the respondent from the scene of misfeasance, malfeasance, or nonfeasance to preclude the possibility exerting undue influence or pressure on the witnesses or the possibility of tampering with evidence. If no prima facie case is established, the case shall be dismissed.74 In lieu of preventive suspension, for the same purpose, the proper disciplining authority or head of office may reassign the respondent to another unit of the agency during the period of formal investigation.77 Filing of Answer Formal Investigation If a formal charge or notice of charge is issued, the respondent shall be directed to submit an Answer in writing, under oath, in not less than seventy-two (72) hours from receipt of the notice. The respondent shall indicate preference on whether a formal investigation shall be elected, and preference as to counsel. Where the merits of the case cannot be decided judiciously without conducting a formal investigation or when the respondent elects to have one, the disciplining authority shall conduct a formal investigation.78 However, at any stage of the proceedings, the parties may agree to submit position papers or memorandum and submit the case for resolution without need of further hearings.79 Failure to file an Answer shall be deemed as waiver. The case shall then be resolved based on the available records.75 Preventive Suspension The proper disciplining authority, motu proprio or upon motion by the Complainant, may issue an order of preventive suspension against the respondent upon service of the formal charge or notice of charge/s, or immediately thereafter to any subordinate officer or employee under his/her authority pending an investigation, if the charge involves: i. ii. iii. iv. Dishonesty; Oppression; Grave Misconduct; Neglect in the Performance of Duty; Other important components of the formal investigation are the following: i. ii. iii. iv. Pre-hearing conference; Continuous hearing until terminated; Marking of documentary evidence/exhibits; Submission of formal investigation report. Decision After the conclusion of the formal investigation and the submission of the report by the hearing officer to the disciplining authority, the latter shall decide the case within thirty (30) days from receipt of the 76 Section 26, Rule 6, Id. 77 Id. 74 Section 19, Rule 4, Id. 78 Section 30, Rule 8, Id. 75 Section 24, Rule 6, Id. 79 Section 31, Id. CHR Gender Ombud Guidelines