It is defined under the Rules of Court as the pleading alleging the plaintiff’s cause or causes of action. (Sec. 3, Rule 6 of the 1997 Rules of Civil Procedure).
The means to bring to the attention of the proper disciplining authority the commission of infraction by the one complained of.
The function of the complaint is to advise the proper disciplining body or authority of complainant’s claim and to advise thereof the person complained of, in order that he/she may defend against it, if he/she has any defenses.
[2] PRELIMINARY INVESTIGATION
What is a Preliminary Investigation (PI)?
It is a mandatory proceeding undertaken to determine the existence of a prima facie case.
It is conducted by the disciplining authority, or by his/her duly authorized representative/s (investigator or investigating committee), as an action to a valid complaint.
[3] FORMAL CHARGE / NOTICE OF CHARGE
What is a Formal Charge?
Issued by the Disciplining Authority to a respondent after the finding of a prima facie case, charging the person of a particular administrative offense.
[4] ANSWER
What is an Answer?
It is a pleading in which the respondent/s in an administrative case sets forth his/her defenses.
It is the written statements of the respondent submitted to the Disciplining Authority, in answer to the issued Formal Charge.
[5] PREVENTIVE SUSPENSION
What is Preventive Suspension?
A precautionary measure to insure that the respondent will not suppress evidence or harass the witnesses against him which is done by placing him under work suspension for a certain period of time.
It is not a penalty, and is done by removing the respondent from the scene of the alleged misfeasance/malfeasance/nonfeasance while the case is being investigated.
[6] FORMAL INVESTIGATION
What is a Formal Investigation (FI)?
It shall be conducted if the merits of the case cannot be decided judiciously without conducting such investigation, or when the respondent elects to have one.
[7] DECISION
What is a Decision?
Issued by the Disciplining Authority in a given administrative case based on the results of the Formal Investigation.
Issued within 30 days from receipt of Formal Investigation Report.