Republic of the Philippines

DEPARTMENT OF FINANCE Roxas Boulevard Comer Pablo Ocampo, Sr. Street Manila 1004

DEPARTMENT ORDER NO. 9 - 03 April 9, 2003 WHEREAS, maintaining the integrity and competence of personnel in the Department of Finance and its bureaus, offices and agencies civil service is a priority and can be made possible by constant personnel performance evaluation; WHEREAS, a complementary measure is to adopt a serious but fair administrative process for complaints against employees and to insulate this process from perceptions of partiality in favor of the employee subject of the complaint; WHEREAS, these matters necessitate strengthening this Department's administrative disciplinary body and the adoption of a more dynamic procedure for administrative cases involving employees of this Department and its bureaus, offices and agencies; WHEREAS, the various bureaus in the Department of Finance, such as the Bureau of Customs, Bureau of Internal Revenue, Bureau of Local Government Finance and the Bureau of Treasury, are under the administrative disciplinary authority of the Secretary of Finance as provided in Section 47 (2), Book V of the Revised Administrative Code of 1987 (the "Code"); WHEREAS, the Secretary of Finance is vested the power of supervision and control over the bureaus, offices and agencies under him, except chartered institutions and government-owned or controlled corporations, as provided in Section 39, Book IV of the Code; WHEREAS, Section 38, Book IV of the Code states that supervision and control shall include the authority to act directly whenever a specific function is entrusted by law or regulation to a subordinate; direct the performance of duty; restrain the commission of acts; review, approve, reverse or modify acts and decisions of subordinate officials or units;

NOW, THEREFORE, I, JOSE ISIDRO N. CAMACHO, Secretary of Finance, by virtue of the powers vested in me by law, do hereby order: The Board of Personnel Inquiry and Review ("BOPIR") created under Department Order No. 64-98, as amended, shall exercise administrative jurisdiction as follows:

(a)

Original administrative jurisdiction to hear and decide administrative cases against: i. Organic personnel of this Department; ii. Local treasurers and assistant treasurers; iii. Personnel of bureaus, offices and agencies under the Department of Finance, including the Bureau of Customs, Bureau of Internal Revenue, Bureau of Local Government Finance and Bureau of Treasury; Provided, That BOPIR's jurisdiction shall be concurrent

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with the disciplinary authority in t19 i5uOus, offices and agencies where the respondent-employee is assigned. (b)

Appellate administrative jurisdiction over decisions rendered by the disciplinary authority in the bureaus, offices and agencies where the respondent-employee is assigned.

In the discharge of this function, the BOPIR shall observe the following guidelines: 1. The BOPIR shall not give due course to anonymous complaints unless there is obvious truth or merit to the allegations therein or supported by documentary or direct evidence. In cases initiated by the Secretary of Finance or head of bureau, office or agency, the complaint need not be under oath. 2. The BOPIR shall use all reasonable means to ascertain the facts in each case or complaint in a speedy and objective manner, without regard to technicalities of law or procedure, in all instances observing due process. 3. The investigation or hearing may be entrusted to hearing officers duly designated by the BOPIR. The conduct of investigations and hearings shall be under the direct control of the BOPIR or hearing officers. 4. The report or recommendations of the hearing officers shall be deliberated upon and approved by the BOPIR. 5. The BOPIR shall have the discretion to place respondent-employee under preventive suspension or reassign respondent to another unit during the formal hearings. 6. The BOPIR shall have the power to issue subpoena duces tecum and ad testificandum and other compulsory processes allowed by law to require the production of evidence and the presence of witnesses, if necessary. 7. The BOPIR shall adopt its own rules that will govern the exercise of their functions. This Order amends Department Order No. 64-98 dated September 4, 1998 and shall take effect immediately. All other orders and issuances inconsistent herewith are

modified or repealed accordingly.