Case Referral Mechanisms
in accordance with the guidelines set forth in legal
aid services under Chapter VII, shall assist the
Complainant in the filing not only of the criminal cases,
but also the civil cases before regular courts.
Contents of the Complaint
The complaint shall contain the following:
a. Full name and address of the complainant;
The Commission shall endeavour to dialogue
with pertinent government agencies to institutionalize
the treatment of its Resolutions. The issuance of
a Memorandum of Undertaking or joint circulars
towards the recognition of the Commission’s
resolution as taking the place of the formal charge
in cases before the Civil Service Commission or the
DILG, or the Preliminary Investigation in cases before
the Office of the Ombudsman, shall be subsequently
pursued after the passage of these Guidelines.
b. Full name and address of the person/s
complained of as well as his/her/their
position/s 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 his/her witnesses, if any; and
e. Certification or statement of non-forum
shopping.70
II. Processes under Civil Service
To serve as guide in the filing of cases for violations
of MCW under the Civil Service, the processes
provided under the Revised Rules on Administrative
Cases in the Civil Service (RRACCS) are herein
provided. The RRACCS was promulgated by the Civil
Service Commission (CSC) with the objective of fasttracking the disposition of administrative cases as well
as the simplification of the rules of procedures in the
filing and resolution of administrative cases. It covers
disciplinary and non-disciplinary cases involving
government employees.
Under RRACCS, administrative proceedings
may be initiated by the disciplining authority motu
proprio or upon complaint by another person.67
Except when initiated by the disciplining authority or
by authorized representatives, no complaint against a
civil service official or an employee shall be given due
course unless the same is in writing, subscribed and
sworn to by the complainant.68 In cases initiated by
the proper disciplining authority or his/her authorized
representative, a show cause order is sufficient.69
67 Section 10, Rule 3, Revised Rules on Administrative Cases in
the Civil Service
68
Section 11, Id.
69
Id.
47
Except when otherwise provided for by law, an
administrative complaint may be filed at any time
with the Commission or any of its Regional Offices,
heads of departments, agencies, provinces, cities,
municipalities and other municipalities.71
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.72
Preliminary Investigation
A preliminary investigation is a proceeding
undertaken to determine whether a prima facie case
exists to warrant the issuance of a formal charge. It
involves a fact-finding investigation or an ex-parte
examination of records and documents submitted
by the complainant and the person/s complained of
as well as documents readily available from other
government offices.73
During the preliminary investigation, the person
complained of is required to submit his counteraffidavit/comment/explanation, within five (5) days
70
Id.
71
Id.
72
Id.
73
Section 15, Rule 4, Id.
CHR Gender Ombud Guidelines