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

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