Department of Public Works and Highways 1: Office of The Secretary

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

(E 7.

13 DPtUtf
Republic of the Philippines
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
.
I/. 1
6,doro
I LJ/~
OFFICE OF THE SECRETARY
Manila

NOV 2 4 2020
DEPARTMENT ORDER ) SUBJECT: Internal Procedure of the Task
) Force Against Graft and Corruption
)

NO. 113 _
)
)
Series of 2020. 1Jp 11.7/f.iol1
In line with President Rodrigo R. Duterte's stringent policy against the commission of graft
and corrupt practices in the government, Department Order (D.O.) No. 101, series of 2020
was issued creating the herein Task Force Against Graft and Corruption (TAG).

Furthermore, D.O. No. 101, s. 2020 enjoins the TAG to investigate anomalies allegedly
perpetrated by DPWH officials and/or employees based on valid complaints and upon
observance of due process.

With the creation of the TAG, there is a need to delineate its jurisdiction from the present
Complaints Validation and Investigation Committee (CVIe) and Legal Service-Internal Affairs
Division (LS-IAD) of the Department which are also in place to process complaints against
DPWH employees and officers.

For this reason, the internal procedure of the TAG is established for the gUidance of all
DPWH officials and employees and external stakeholders. Thus:

I. AUTHORITY, POWERS AND FUNCTIONS OF THE TAG

The TAG shall have the authority to investigate, hear and recommend decisions over
all complaints on DPWH officials/personnel filed in the DPWH Central Office, with the
following powers and functions:

1. Conduct preli.minary investigation and formal investigation, review and


recommend imposition of penalty on administrative charges to the Secretary
against erring officers and employees of the Department;

2. The TAG, thru its Chairperson, shall designate officials and/or employees from
the Central, Regional and District Engineering Offices to act as a fact-finding
body to verify the allegations in a complaint;

3. The TAG, thru its Chairperson, shall designate DPWH lawyers, together with
officials and/or employees from the department, to conduct the preliminary
investigation of cases filed before it.

4. The TAG may also delegate to the CVIe or LS-IAD, the preliminary investigation.
For this purpose, the TAG may designate officials and/or employees of the
Department to assist with the fact-finding or preliminary investigation;
DEPARTMENT ORDER NO . ...l.l£ SERIES 2020
Internal Procedure of the Task Force Against Graft and Corruption
Page 2 of 4

5. Issue summons, subpoenas, notices and show cause orders, in aid of its
investigative function;

6. Receive evidence, pleadings and other documents, and conduct formal


investigation;

7. Hear and decide all interlocutory motions;

8. Submit to the Secretary its recommendation for the disposition of the cases
relative to the complaint under formal investigation;

9. Take custody of records pertinent to the conduct of the investigation and ensure
their confidentiality;

10. The TAG, thru its Chairperson, shall designate DPWH lawyers to act as
prosecutors who will present and receive evidence during the formal
investigation.

11. The TAG shall sit en bane as hearing officers. As the need arises and depending
on the volume of cases, the TAG may also constitute themselves in groups of
three (3) members per Division, in order to facilitate the hearing and preparation
of recommendations for the disposition of cases.

12. Monitor strict compliance of concerned DPWH personnel with the implementing
office;

13. Recommend to the concerned agency the conduct of lifestyle check against
officials and employees of the Department;

14. In coordination with the Procurement Service, monitor the strict enforcement of
the performance securities of contractors with projects in the Department as well
as the recoupment of advance payment;

15. The TAG shall have the power to seek assistance from other government
agencies, instrumentalities and entities, including law enforcement agencies, to
aid the disciplining authority in conducting investigations for cases pending
before it for proper disposition.

16. The TAG may also act on matters specially assigned by the Secretary, in
connection with the discharge of his powers and functions under the 2017 Rules
on Administrative Casesin the Civil Service (2017 RACCS).

17. The TAG, may take-over the disposition of cases currently being handled by
CIVIC and LS-IAD and exercise authority or powers necessaryfor the disposition
of the same.
DEPARTMENT ORDER NO. ~ SERIES 2020
Internal Procedure of the Task Force Against Graft and Corruption
Page 3 of 4

II. VALID COMPLAINT

Any complaint filed in the form allowed in 2017 RACCS shall be actionable by TAG.
However, the Secretary or his duly authorized representative may refer cases or
complaints for investigation to the TAG. In which case, the said referral shall be
deemed as actionable complaint.

III. OBSERVANCE OF DUE PROCESS

The conduct of preliminary investigation, including the issuance of order of preventive


suspension until resolution of the complaint, and the execution thereof, shall be
governed by the applicable provisions of the 2017 RACCS.

IV. FORMAL CHARGE

The officials and/or employees designated by the TAG shall submit an investigation
report for the approval of the Secretary to determine the existence of a prima facie
case against DPWH officers and employees in violation of laws, rules and regulations.

On the basis of an approved Preliminary Investigation Report, the Secretary shall issue
a formal charge in accordance with Section 23 Rule 5 of the 2017 RACCS.

A notice of the formal charge shall be furnished to the following Offices:

1. LS-IAD - to warrant the denial of any subsequent request for issuance of a


Certificate of no pending case;

2. Procurement Services - to monitor the membership of the DPWH


Official/employee to the concerned Bids and Awards Committee during the
pendency of the case.

V. DECISION

Resolution of cases cognizable by the TAG or its Divisions shall be decided based on a
majority vote of the members thereof. In case of disagreement or a tie, the
Chairperson of the TAG shall decide and the dissenting members thereof shall record
their justification for such dissent in writing.

VI. ADMINISTRATIVE REMEDIES

Resolution of the TAG on an administrative case shall be recommended for the


approval of the Secretary. The remedies provided under the 2017 RACCS shall be
available to the person complained of during the period proVided thereto.
DEPARTMENT ORDER NO. ~ SERIES 2020
Internal Procedure of the Task Force Against Graft and Corruption
Page 4 of 4

VII. CONFIDENTIALITY

The TAG shall implement appropriates measures to ensure that the complaints,
evidence, documents and all other communications which shall be issued or received
by the TAG, in furtherance of its functions, shall be handled with strict confidentiality.

VIII. SEPARABILITY

If any part of these Rules is declared unconstitutional or invalid by competent


authority, the other provisions not otherwise affected shall remain in full force and
effect.

IX. TRANSITORY

The provisions of this Department Order shall apply to all pending cases which were
filed prior to the effectivity of these Rules, provided it will not unduly prejudice
substantive rights.

X. EFFECTIVITY

This Order shall take effect immediately. Any/all previous issuances inconsistent with
this Order shall be repealed or amended accordingly.

\..

~R
SeCietary
vJ------
AVS/KSSR/MSV /GCT A/MJIV

Departrrenl of Public Works and Highways


Office of the Secretary

11111111111111111 11111111111111111111
WINOA04495

You might also like