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Question PAO Chief knows about sexual relations w/ PAO Boss & staff, can a case prosper?

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4 months 4 weeks ago #3190 by Lira Suangco
Lira Suangco created the topic: PAO Chief knows about sexual relations w/ PAO Boss & staff, can a case prosp
If the PAO Chief knows that the PAO Boss and staff have sexual relations, and she does not discipline one or both, can there still be a case against one or both of them? If someone files a case against them, will the case be dismissed since the PAO Chief already knows about their sexual relations?

Thanks

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4 months 2 weeks ago #3271 by Action Officer 21
Action Officer 21 replied the topic: PAO Chief knows about sexual relations w/ PAO Boss & staff, can a case prosp
Hi,

Please note that Rule 3 of the 2017 RACCS provide for the process of filing an administrative complaint. Specifically, Sections 10, 11, and 13 provide, that:

Section 10. Who May Initiate. Administrative proceedings may be initiated by the disciplining authority motu proprio or upon complaint of any other person.


Section 11. Requisites of a Valid Complaint. No complaint against an official or employee shall be given due course unless the same is in writing, subscribed and sworn to by the complainant. In cases initiated by the proper disciplining authority or an authorized representative, a show cause order is sufficient.

The complaint shall be written in a clear, simple and concise language and in a systematic manner as to apprise the person complained of, of the nature and cause of the accusation and to enable the person complained of to intelligently prepare a defense or answer/comment. Should there be more than one person complained of, the complainant is required to submit additional copies corresponding to the number of persons complained of.

The complaint shall contain the following:

a. full name and address of the complainant;

b. full name and address of the person complained of as well as his/her position and office;

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.

The absence of any of the aforementioned requirements may cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same.

Section 13. When and Where to File a Complaint. Except when otherwise provided for by law, an administrative complaint may be filed anytime with the Commission or any of its regional offices, heads of departments, agencies, national government, local government units, state universities and colleges (SUCs) or local universities and colleges (LUCs), and government-owned or controlled corporations with original charters except as may be provided by law.
The following user(s) said Thank You: Lira Suangco

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