lecture - admiinistrative code

8/7/2019 Lecture - ADMIINISTRATIVE CODE

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ADMINISTATIVE CODE

ADMINISTRATIVE LAW: That branch of public law which

o fixes the organization of government,

o determines the competence of the administrative authorities who executes thelaw, and

o indicates to the individuals the remedies for the violation of his rights.

(Goodnow, Comparative Administrative Law, p. 8)

SCOPE: deals with the

enforcement and execution of the laws of the State, its powers and duties,

the law of public officers, their election, appointment and removal, their rights,

duties and liabilities. It also covers the law of public corporations, the laws that provide for the grant

of rights, privileges and bounties of government to private individuals. (Stason,Administrative Tribunals, 2ndEd., p. 1)


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ADMINISTATIVE CODE , cont.

FUNCTION:

to make the government machinery work well and in an orderlymanner.

y it governs the transmission of the active powers of the State from thesource to the point of application.

y it sees to it that it does not waste itself in vain efforts to solve problemsof the State, that

y it results at some effective end, and that

y it does not go amiss and commit some grievous wrong.

(Harward Law review, No. 5, 434)


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ADMINISTRATION: - is the aggregate of those persons in whose hands thereigns of government are for the time being. (U.S. vs. Dorr, 2 Phil. 332)

LAW ADMINISTRATIONy prescribes the norm of

conduct and individualshould have in his relationwith other individuals or with

the State

y defines the act or omission ofan individual a crime and

prescribed the penaltythereof

y sees that the individualmaintains the norm ofconduct properly.

y seeks to stop or preventcommission of the crime


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ADMINISTRATIVE BODIESy they are being staffed by men

who, if not so at the outset, aredeemed to become something ofexperts in their particular fields,frequently it is commissioned bythe statute under which it

functions or by the compulsionof the authority appointing it, toexercise its powers in accordancewith pre-determined policy.(McDermott, Review of AdministrativeDecisions, Lawyers Journal, p. 560, 1939).

y NATURE: - partake the nature

of judicial proceedings as itinvolves the taking of evidenceand of evaluation the same;facts are determined based uponthe evidence presented; and

their decisions and orders arebased on the facts. (Morgan vs.United States, 304 U.S. 1, 82 L. Ed., 1129, 58 S.Ct. 773, 999)


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ADMINISTRATIVE BODIES, cont.JURISDICTION DUE PROCESS

y Is essential to give validity to thedetermination of administrativeauthorities.

y Without jurisdiction their acts arevoid and open to collateral attack.

y They are tribunals of limitedjurisdiction which is dependententirely upon the provisions of thestate reposing power in them.

y They cannot confer jurisdictionupon themselves that which the law

does not grant them. (42 Am. Jur.440)

(1) That the trier of the facts shall be animpartial tribunal legallyconstituted to determine the rightsinvolved;

(2) That no finding shall be made

except upon due noticeandopportunity to be heard;

(3) That the procedure at the hearingshall be consistent with theessentials of fairtrial; and

(3) That it shall be conducted in such a

way that there will be opportunityfor a court to determine whether theapplicable rules oflawandprocedurewere observed. (42 Am.Jur. 451)


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CARDINAL RIGHTS (Ang Tibay vs. C.I.R., 69 Phil. 635)A person Appearing before an

Administrative Body, has:

(1) The right to a hearing - right topresent ones case and submitevidence in support thereof;

(2) The tribunal must consider theevidence presented;

(3) The decision must havesomething to support itself;(4) The evidence must be

substantial. Its more thanscintilla. It means suchrelevant evidence as areasonable mind accept as

adequate to support aconclusion. Mereuncorroborated hearsay orrumor does not constitutesubstantial evidence;

(5) The decision must be renderedon the evidence presented in thehearing, or at least contained inthe record and disclosed to theparties affected;

(6) The tribunal or any of its

judges, therefore, must act on itsor his own independentconsideration of the law andfacts of the controversy, and notsimply accept the views of asubordinate in arriving at adecision; and

(7) The tribunal should, in allcontroversial questions, renderits decision in such manner thatthe parties to the proceedingscan determine the various issuesinvolved and the reasons for thedecision rendered;


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ADMINISTRATIVEBODIES, cont.

y CAN A PARTY be DECLARED IN DEFAULT IN ADMINISTRATIVE

PROCEEDINGS?

Ans.

I

f the party duly summoned, or duly notified, to appear at anadministrative investigation refuses to appear, he may be declared indefault and the investigation may proceed without his presence. (AuyongHian vs. Court of Tax Appeals, No. L-28782, September 12, 1974, 59 SCRA 111)


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EXHAUSTION OF ADMINISTRATIVE REMEDIES

y Where the law provides forremedies against the action of anadministrative board, body orofficer, relief to courts against suchaction can be sought.

y BASIS of the Doctrine it rest uponthe presumption that theadministrative body, board orofficer, if given the chance to correct

its mistake or error, may amend itsdecision on a given matter anddecide it properly. (Sec. 42, Am. Jur.579)

y Applies only when there is anexpress legal provision requiringsuch administrative step as acondition precedent to the taking ofan action in court. So, if there isno such legal provision, the partyaggrieved may go to court for reliefwithout resorting to the principle ofexhaustion of administrativeremedies. (Asuelo vs. Arnaldo, et. al. G.R. No.L-15144, May 26, 1960)

y Where a remedy is availablewithin the administrativemachinery, this should beresorted to before resort can bemade to courts, not only to give

the administrative agencyopportunity to decide the matterby itself correctly, but also toprevent unnecessary andpremature resort to courts. (Cruzvs. Del Rosario, G.R. No. L-17740 etc.)


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EXHAUSTION OF ADMINISTRATIVE REMEDIES, EXCEPTIONS:

(1) When the Questioned Decision was made by the DepartmentSecretary;(2) When the ISSUES involved are those of pure questions of law;

(3)When the Administrative Offices acts are clearly devoid of authority;

(4)When the Administrative Office is in estoppel;

(5) When its application will cause great harm and damage;(6) When its insistence would result in voiding the claim; and

(7)When exhaustion of the same would result to denial of due process.


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LAW OF PUBLIC OFFICER

ADMINISTRATIVE CODE OF 1987, 7-25-1987, BOOK I, SOVEREIGNTY ANDGENERAL ADMINISTRATION

Sec. 32. Nature of Public Office. Public office is apublic trust. Public officers and employees must at

all times be accountable to the people, serve them withthe utmost responsibility, integrity, loyalty andefficiency, act with patriotism and justice, and leadmodest lives.


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LAW OF PUBLIC OFFICER:

CHARACTERISTICS OF A PUBLIC OFFICE

(1) A public office is a public thrust -Constitutional Provisions: servantsof the people; shall serve the highestdegree of responsibility, integrity,loyalty and efficiency and shallremain accountable to the people;

(2) No one can have a vested right to apublic office - no such thing as avested interest or an estate in anoffice, or even an absolute right tohold it. When an office is created

by a Constitution, it cannot beabolished by the legislature, butwhen created by the State underauthority of the Constitution, itmay be abolished by statute and theincumbent deprived of his office.

(22 R.C.L. 376-377; Apari vs. C.A., 127 SCRA 231);

(3)A public office is not a property . not a property of the office holder,but is revocable according to thewill of the people as expressed inthe Constitution;

(4) A public office cannot beinherited. - public offices cannotbe regarded as incorporatedhereditaments nor as having thecharacter or qualities of grants.Public office is personal to theincumbent thereof or appointeethereto. In this sense, or it is nota property which passes to hisheirs. None of his heirs mayreplace him in his position.


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LAW OF PUBLIC OFFICER:

DUTIES AND INHIBITIONS

(1) Prohibition on Nepotism. appointment of a relative within thethird degree either by consanguinityor of affinity.

(2) Inhibitions against Graft or CorruptPractices: (Section 3, R.A. No. 3019)

a) Persuading another public officerto perform an act constitutingviolation of rules and regulations;

b) Requesting or receiving any gift inconnection with any contract withthe government;

c) Requesting or receiving any giftfrom any person for whom thepublic officers have secured alicense or permit;

d) Accepting employment in a privateenterprise which has pending

official business with him;

e) Causing any undue injury to anyparty;f) Neglecting to act any matter

pending before him for thepurpose of obtaining benefit;

g) Entering into any contractmanifestly disadvantageous to

the government;h) Having pecuniary interest in any

business in connection withwhich he takes part in hisofficial capacity;

i) Becoming interested in any

transaction requiring aproval ofa board of which he is amember;

j) Approving a license in favor of aperson not qualified;

k) Divulging valuable informationof a confidential nature;


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LAW OF PUBLIC OFFICER: LIABILITIES

y

E.O. 292, BOOK I, SOVEREIGNTYAND GENERAL DMINISTRATION

y Sec. 38. Liabilityof SuperiorOfficers. (1) A public officer shallnot be civilly liable for acts done inthe performance of his official

duties, unless there is a clearshowing of bad faith, malice or grossnegligence.

y (2) Any public officer who, withoutjust cause, neglects to perform a

duty within a period fixed by law orregulation, or within a reasonableperiod if none is fixed, shall beliable for damages to the privateparty concerned without prejudiceto such other liability as may be

prescribed by law.y

y (3) A head of a department or asuperior officer shall not be civillyliable for the wrongful acts,omissions of duty, negligence, ormisfeasance of his subordinates,unless he has actually authorized by

written order the specific act ormisconduct complained of.

y Sec. 39. Liabilityof SubordinateOfficers.No subordinate officeror employee shall be civilly liable foracts done by him in good faith inthe performance of his duties.However, he shall be liable forwillful or negligent acts done by himwhich are contrary to law, morals,public policy and good customseven if he acted under orders or

instructions of his superiors.


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LAW OF PUBLIC OFFICER: DAMAGES/ULTRA VIRES ACTS

y REQUISITES FOR THE RECOVERY OF DAMAGES ARISING FROM ACTS OFA PUBLIC OFFICER. (action or non-action)

(1) He must prove that he has suffered damages as a result of the acts ofthe officer; and

(2) He must show that a wrong was committed by the officer.Otherwise, the case is damnum absque injuria (damage withoutinjury)

ULTRA VIRES ACTS:

y Acts BEYOND the SCOPE of duties or jurisdiction .

y

A public officer who goes outside the scope of his duty is not entitledto protection on account of his office and is liable for his acts like anyprivate individual. (46 C.J. 1046)


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LAW OF PUBLIC OFFICER: KINDS OF LIABILITY

y NONFEASANCE or the neglect or refusal, without sufficient excuse,to perform an act which it was the officers legal obligation to theindividual to perform;

y MISFEASANCE - or negligence which here as elsewhere is the failureto use, in the performance of a duty owing to the individual, thatdegree of care, skill and diligence which the circumstances of the casereasonably demand;

y MALFEASANCE or the doing, either through ignorance, inattentionor malice of that which the officer had no legal right to do all, as where

he acts without any authority whatever, or exceeds, ignores or abuseshis powers. (Ibid., Sec. 665)


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LAW OF PUBLIC OFFICER: LIABILITIES OF SUBORDINATES

y As a generalrulepublic officers of the government, in theperformance of their public functions, are not liable to third persons,either for the misfeasance or positive wrong, or for the nonfeasance,negligence or omission of duty of their official subordinates.

y This immunity rests upon public policy, the necessity of the public

service and the perplexities and embarrassments of a contrary doctrine.It would be difficult to find competent men to fill important positionsin the government if they know that they would be made answerablefor all the torts and wrongs committed by their subordinates.

y These subordinate officials are directly liable for their own defaults. If

they are not made so because the law makes their superior liable forwhatever errors or mistakes they made in the performance of theirduties then these subordinates would not give the same care anddiligence to their work as the law would require them to. (Mechem, PublicOff. & Officers, Sec. 789; Robertson vs. Sichel, 127 U.S. 507; 32 L. ed. 213)


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LAW OF PUBLIC OFFICER: LIABILITIES OF SUPERIORS FOR

THE ACTS OF THEIR SUBORDINATES

(1) Where, being charged with the duty oif employing or retaining hissubordinates he negligently or willfully employs or retains unfit orimproper persons; or

(2) Where, being charged with the duty to see that they are appointed orqualified in a proper manner, he negligently or willfully fails to require

of them the due conformity to the prescribed regulations; or(3) Where, he so carelessly or negligently oversees, conducts or carries the

business of his office as to furnish the opportunity for the default; or

(4) A fortiori when he has directed, authorized, or cooperated in thewrong; or

(5) When the law makes him expressly so liable.


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LAW OF PUBLIC OFFICER: TERMINATION

TERMINATION OFOFFICIAL RELATIONS - by:(1) Expiration of the term;

(2) Reaching the age limit;

(3) Resignation;

(4) Acceptance of an incompatible office;

(5) Abandonment;

(6) Removal;

(7) Impeachment;

(8) Death;

(9) Abolition of the office; and(10) Recall


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LAW OF PUBLIC OFFICER: ADMINISTRATIVE PROCEDURE

E.O. 292, BOOK VII. Adjudicationy Sec. 10. Compromiseand Arbitration. To expedite administrative

proceedings involving conflicting rights or claims and obviateexpensive litigations, everyagencyshall, in the public interest,encourage amicable settlement, comprise and arbitration.

y Sec. 11. Noticeand Hearingin Contested Cases. (1) In any contested case all parties shall be entitled to notice and

hearing. The notice shall be served at least five (5) days before thedate of the hearing and shall state the date, time and place of thehearing.

(2) The parties shall be given opportunity to present evidence andargument on all issues. If not precluded by law, informal dispositionmay be made of any contested case by stipulation, agreed settlementor default.

(3) The agency shall keep an official record of its proceedings


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E.O. 292, BOOK VII. Adjudication

Sec. 12. Rules of Evidence. In a contested case:

y (1) The agency may admit and give probative value to evidence commonly acceptedby reasonably prudent men in the conduct of their affairs.

y (2) Documentary evidence may be received in the form of copies or excerpts, if theoriginal is not readily available. Upon request, the parties shall be given opportunityto compare the copy with the original. If the original is in the official custody of apublic officer, a certified copy thereof may be accepted.

y (3) Every party shall have the right to cross-examine witnesses presented against

him and to submit rebuttal evidence.

y (4) The agency may take notice of judicially cognizable facts and of generallycognizable technical or scientific facts within its specialized knowledge. The partiesshall be notified and afforded an opportunity to contest the facts so noticed.


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E.O. 292, BOOK VII. AdjudicationSec. 13. Subpoena. In any contested case, the agency shall have thepower to require the attendance of witnesses or the production ofbooks, papers, documents and other pertinent data, upon request ofany party before or during the hearing upon showing of general

relevance. Unless otherwise provided by law, the agency may, in case ofdisobedience, invoke the aid of the Regional Trial Court within whosejurisdiction the contested case being heard falls. The Court may punishcontumacy or refusal as contempt.

y

y Sec. 14. Decision. Every decision rendered by the agency in acontested case shall be in writing and shall state clearly and distinctlythe facts and the law on which it is based. The agency shall decide eachcase within thirty (30) days following its submission. The parties shallbe notified of the decision personally or by registered mail addressed totheir counsel of record, if any, or to them.


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E.O. 292, BOOK VII. Adjudicationy Sec. 15. Finalityof Order. The decision of the agency shall become

final and executory fifteen (15) days after the receipt of a copy thereofby the party adversely affected unless within that period anadministrative appeal or judicial review, if proper, has been perfected.

One motion for reconsideration may be filed, which shall suspend therunning of the said period.

y Sec. 16. Publicationand Compilation of Decisions.

(1) Every agency shall publish and make available for public inspection all

decisions or final orders in the adjudication of contested cases.(2) It shall be the duty of the records officer of the agency or his

equivalent functionary to prepare a register or compilation of thosedecisions or final orders for use by the public.


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E.O. 292, BOOK VII. Adjudication. CHAPTER 4, Administrative Appeal inContested Casesy Sec. 19. Appeal. Unless otherwise provided by law or executive order, an

appeal from a final decision of the agency may be taken to the Departmenthead.

y

y Sec. 20. Perfection of Administrative Appeals.y (1) Administrative appeals under this Chapter shall be perfected within

fifteen (15) days after receipt of a copy of the decision complained of by theparty adversely affected, by filing with the agency which adjudicated thecase a notice of appeal, serving copies thereof upon the prevailing partyand the appellate agency, and paying the required fees

y (2) If a motion for reconsideration is denied, the movant shall have theright to perfect his appeal during the remainder of the period for appeal,reckoned from receipt of the resolution of denial. If the decision isreversed on reconsideration, the aggrieved party shall have fifteen (15) daysfrom receipt of the resolution of reversal within which to perfect hisappeal.

y (3) The agency shall, upon perfection of the appeal, transmit the records ofthe case to the appellate agency.


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y

E.O. 292, BOOK VII. Adjudication. CHAPTER 4, AdministrativeAppeal in Contested Casesy Sec. 21. Effectof Appeal. The appeal shall stay the decision appealed from

unless otherwise provided by law, or the appellate agency directs executionpending appeal, as it may deem just, considering the nature and circumstancesof the case.

y Sec. 22. Action on Appeal. The appellate agency shall review the records ofthe proceedings and may, on its own initiative or upon motion, receiveadditional evidence.

y Sec. 23. Finalityof Decision of AppellateAgency. In any contested case,the decision of the appellate agency shall become final and executory fifteen(15) days after the receipt by the parties of a copy thereof

Sec. 25. Judicial Review. (1) Agency decisions shall be subject tojudicial review in accordance with this chapter and applicable laws. .


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LAW OF PUBLIC OFFICER: ADMINISTRATIVE DISCIPLINARY

ACTION (R.A. 8551)

TITLE III - THE NATIONAL POLICE COMMISSIONSEC. 14. PowersandFunctionsofthe Commission. The

Commission shall exercise the following powers and functions

"6) Affirm, reverse or modify, through the National Appellate Board,personnel disciplinary actions involving demotion or dismissal fromthe service imposed upon members of the Philippine National Policeby the Chief of the Philippine National Police;

"7) Exercise appellate jurisdiction through the regional appellate boardsover administrative cases against policemen and over decisions onclaims for police benefits;

SEC. 20. Organizational Structure. The Commission shall consist ofthe following units: x x x

y "(c) Disciplinary Appellate Boards The Commission shall establish aformal administrative disciplinary appellate machinery consisting ofthe National Appellate Board and the regional appellate boards.


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ACTION (R.A. 8551)

TITLE III - THE NATIONAL POLICE COMMISSIONSEC. 20. Organizational Structure. The Commission shall consist of

the following units:

x x x

"(c) Disciplinary Appellate Boards The Commission shall establish a

formal administrative disciplinary appellate machinery consisting ofthe National Appellate Board and the regional appellate boards.

The National Appellate Board shall decide cases on appeal fromdecisions rendered by the PNP chief, while the regional appellate

boards shall decide cases on appeal from decisions rendered by officersother than the PNP chief, the mayor, and the People's LawEnforcement Board (PLEB) created hereunder."


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ACTION (R.A. 8551)TITLE V - INTERNAL AFFAIRS SERVICE

Section 39. Creation, Powers, and Functionsy b) investigate complaints and gather evidence in support of an open

investigation;y c) conduct summary hearings on PNP members facing administrative charges;y e) file appropriate criminal cases against PNP members before the court as

evidence warrants and assist in the prosecution of the case;y f) provide assistance to the Office of the Ombudsman in cases involving the

personnel of the PNP.

The IAS shall also conduct, motu proprio, automatic investigation of thefollowing cases:

y a) incidents where a police personnel discharges a firearm;y b) incidents where death, serious physical injury, or any violation of human

rights occurred in the conduct of a police operation;y c) incidents where evidence was compromised, tampered with, obliterated, or

lost while in the custody of police personnel;y d) incidents where a suspect in the custody of the police was seriously injured;

andy e) incidents where the established rules of engagement have been violated.


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMSSection 52. Section 41 of RepublicAct No. 6975 is hereby amended toread as follows:"SEC. 41(a). Citizen's Complaints. Any complaint by a natural orjuridical person against any member of the PNP shall be brought beforethe following:

"(1) Chiefs of Police, where the offense is punishable by withholding of

privileges, restriction to specified limits, suspension or forfeiture of salary,or any combination thereof, for a period not exceeding fifteen (15) days;

"(2) Mayors of cities and municipalities, where the offense is punishableby withholding of privileges, restriction to specified limits, suspension orforfeiture of salary, or any combination thereof, for a period of not less thansixteen (16) days but not exceeding thirty (30) days;

"(3) People's Law Enforcement Board, as created under Section 43 hereof,where the offense is punishable by withholding of privileges, restriction tospecified limits, suspension or forfeiture of salary, or any combinationthereof, for a period exceeding thirty (30) days; or by dismissal.

"The Commission shall provide in its implementing rules and regulations ascale of penalties to be imposed upon any member of the PNP under thisSection


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMSSection 52. Section 41 of RepublicAct No. 6975 is hereby amended toread as follows:"SEC. 41(a).

"(b) Internal Discipline. On dealing with minor offenses involvinginternal discipline found to have been committed by any regular memberof their respective commands, the duly designated supervisors and

equivalent officers of the PNP shall, after due notice and summary hearing,exercise disciplinary powers as follows:

y "(1) Chiefs of police or equivalent supervisors may summarily impose theadministrative punishment of admonition or reprimand; restriction tospecified limits; withholding of privileges; forfeiture of salary orsuspension; or any of the combination of the foregoing: Provided, That, inall cases, the total period shall not exceed fifteen (15) days;

y "(2) Provincial directors or equivalent supervisors may summarily imposeadministrative punishment of admonition or reprimand; restrictivecustody; withholding of privileges; forfeiture of salary or suspension, or anycombination of the foregoing: Provided, That, in all cases, the total periodshall not exceed thirty (30) days;


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMSSection 52. Section 41 of Republic Act No. 6975 is hereby amended to read asfollows:"SEC. 41(a).

"(b) Internal Discipline. x x x

"(3) Police regional directors or equivalent supervisors shall have the power to impose

upon any member the disciplinary punishment of dismissal from the service. Hemay also impose the administrative punishment of admonition or reprimand;restrictive custody; withholding of privileges; suspension or forfeiture of salary;demotion; or any combination of the foregoing: Provided, That, in all cases, thetotal period shall not exceed sixty (60) days;

"(4) The Chief of the PNP shall have the power to impose the disciplinary punishmentof dismissal from the service; suspension or forfeiture of salary; or any combination

thereof for a period not exceeding one hundred eighty (180) days: Provided, further,That the chief of the PNP shall have the authority to place police personnel underrestrictive custody during the pendency of a grave administrative case filed againsthim or even after the filing of a criminal complaint, grave in nature, against suchpolice personnel.


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMSSection 52. Section 41 of RepublicAct No. 6975 is hereby amended toread as follows:"SEC. 41(a). X x x

"(c) Exclusive Jurisdiction. A complaint or a charge filed against a PNPmember shall be heard and decided exclusively by the disciplining authoritywho has acquired original jurisdiction over the case and notwithstanding the

existence of concurrent jurisdiction as regards the offense: Provided, Thatoffenses which carry higher penalties referred to a disciplining authority shallbe referred to the appropriate authority which has jurisdiction over the offense.

"For purposes of this Act, a 'minor offense' shall refer to any act or omission notinvolving moral turpitude, but affecting the internal discipline of the PNP, andshall include, but not limited to:

"(1) Simple misconduct or negligence;"(2) Insubordination;"(3) Frequent absences and tardiness;"(4) Habitual drunkenness; and"(5) Gambling prohibited by law.


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMS

Section 52. Section 41 of RepublicAct No. 6975 is hereby amended toread as follows:

"SEC. 41(a). X x x

"(d) Forum shopping of multiple filing of complaints. When anadministrative complaint is filed with a police disciplinary authority,such as the People's Law Enforcement Board (PLEB), no other caseinvolving the same cause of action shall be filed with any otherdisciplinary authority.


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ACTION (R.A. 8551)

TITLE VI - DISCIPLINARY MECHANISMS

Section 55. Section 47 of RepublicAct No. 6975 is hereby amended to readas follows:"Sec. 47. Preventive Suspension Pending CriminalCase. Upon thefiling of a complaint or information sufficient in form and substanceagainst a member of the PNP for grave felonies where the penalty imposedby law is six (6) years and one (1) day or more, the court shall immediatelysuspend the accused from office for a period not exceeding ninety (90)days from arraignment: Provided, however, That if it can be shown byevidence that the accused is harassing the complainant and/or witnesses,the court may order the preventive suspension of the accused PNP membereven if the charge is punishable by a penalty lower than six (6) years andone (1) day: Provided, further, That the preventive suspension shall not be

more than ninety (90) days except if the delay in the disposition of the caseis due to the fault, negligence or petitions of the respondent: Provided,finally, That such preventive suspension may be sooner lifted by the courtin the exigency of the service upon recommendation of the chief, PNP.Such case shall be subject to continuous trial and shall be terminatedwithin ninety (90) days from arraignment of the accused."


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THANK YOU!!Atty. MA. BELLA V. SALINO-CASTILLO, CPA


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SELF-ASSESSMENT

INSTRUCTIONS: GOOGLE search

A. Take the MBTI Assessment via the online site(http://www.humanmentrics.com/#Jtype), andselect the Jung Typology Test.

B. Take the Big-5 assessment via the online site

(http://www.outofservice.com/bigfive/).REQUIREMENTS: (1 long bond, Times Roman #12)

a. Explain how the results of these assessments are similar ordifferent from your beliefs about yourself.

b. What do these test results indicate about your personalstrengths and weaknesses?

c. What do they imply about the type of leader you are likelyto be?

d. e-mail to: ___________________


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TEAM BUILDING (MOCK TRIAL) PM SESSION

GROUP ASSIGNMENTS:

1. Immorality;

2. Illegal discharge of firearms;

3. Overpricing of supplies;

4. Absenteeism

Characters:


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TEAM BUILDING (MOCK TRIAL) PM SESSION

INSTRUCTIONS:

Access and use the teamdevelopmentassessmentquestionnaire via google];

a. Analyze the characteristics of a team in which you are a member

( work group).

b. Identify what could be done to improve your groups performance.

lecture - admiinistrative code

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